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Pubsco, Inc. v. State Department of Highway Safety & Motor Vehicles
Citations: 564 So. 2d 215; 1990 Fla. App. LEXIS 4975Docket: No. 89-1797
Court: District Court of Appeal of Florida; July 11, 1990; Florida; State Appellate Court
The appellant contests the forfeiture of a Rolls Royce owned by Pubsco, Inc. and driven by James A. Pell, who struck a pedestrian and fled the scene without offering assistance. The state sought forfeiture on the grounds that the vehicle was used in the felony of leaving the scene of an accident. The trial court ruled in favor of the forfeiture, classifying the vehicle as contraband. However, the appellate court disagreed, citing precedent from City of Edgewood v. Williams, which established that a vehicle cannot be forfeited if it is only remotely incidental to the crime. The court found that the Rolls Royce's use was not closely connected to Pell's criminal act of leaving the scene. As a result, the appellate court reversed the trial court's judgment of forfeiture. The ruling was unanimous among the judges.