State v. Burdette

FULMER, Judge.

The State appeals from an order granting Burdette’s motion to declare the impoundment provision of section 316.193(6)(a), Florida Statutes (2000), unconstitutional as applied.1 We reverse because under our interpretation of section 316.193(6)(a), the statute did not apply and no impoundment could be ordered in Bur-dette’s case. Therefore, the trial court should not have considered the constitutionality of the statute.

Burdette pleaded' no contest to the charge of driving under the influence (DUI). At sentencing, as a condition of probation the trial court ordered a ten-day…