STATE v. McKNIGHT

No. 97-2896.

710 So.2d 1029 (1998)

STATE of Florida, Appellant, v. Melissa McKNIGHT, Appellee.

District Court of Appeal of Florida, Fourth District.

May 27, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Denise M. Mitchell, Assistant Attorney General, West Palm Beach, for appellant.

No appearance for appellee.


KLEIN, Judge.

Section 316.193(6)(d), Florida Statutes (1995), part of our DUI statute, requires the court to order impoundment or immobilization of the vehicle being driven by the person who is convicted, unless the court finds that the family of the owner has no other public or private means of transportation. Although the defendant did not argue that this provision is unconstitutional, the trial court concluded that it was, without citing any authority, and refused...

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