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DEPT. OF HIGHWAY SAFETY v. FREY

No. 5D06-4278.

965 So.2d 199 (2007)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Peggy S. FREY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 3, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Gerald D. Siebens, Assistant Attorney General, Tampa, for Appellant.

Peggy S. Frey, Homosassa, Pro Se.

ORFINGER, J.

The Department of Highway Safety and Motor Vehicles ("Department") appeals the trial court's denial of its request for a finding of probable cause as a prerequisite to seeking the forfeiture of Peggy Frey's car under the Florida Contraband Forfeiture Act. We affirm.

Frey was arrested for driving under the influence of alcohol ("DUI") in violation of section 316.193, Florida Statutes (2006). Alleging that Frey had three or four prior DUI convictions...

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