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DEPT. OF HIGHWAY SAFETY & M.V. v. POLLACK

No. 84-781.

462 So.2d 1199 (1985)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Steven Ira POLLACK, Appellee.

District Court of Appeal of Florida, Third District.

January 29, 1985.

Attorney(s) appearing for the Case

Paul A. Rowell and R.W. Evans, Tallahassee, for appellant.

Arthur E. Huttoe and John Lipinski, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

NESBITT, Judge.

The Department of Highway Safety and Motor Vehicles (the Department) appeals an order denying its petition for forfeiture of Mr. Pollack's 1973 Mercedes Benz. We reverse.

On June 13, 1983, at approximately 2:45 a.m., Trooper Hollinger stopped Mr. Pollack's car when he observed him driving slowly and erratically. After conducting a field sobriety test, Hollinger placed Pollack under arrest. Pollack requested that his vehicle be towed and informed...

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