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State10/19/2005
rman was clocked at eighty five miles per hour and failed roadside sobriety and breathalyzer tests. Given Tarman's admissions, the trooper's testimony and the Department's records which show that Tarman's license was revoked and had never been reinstated, the Department had probable cause for the seizure of Tarman's vehicle.
Accordingly, we determine the existence of probable cause for the statutory forfeiture. We reverse and remand for further proceedings. Additionally, we reverse the trial court's award of attorney's fees under section 57.105, Florida Statutes, as this action was not frivolous or devoid of merit.
Reversed and remanded.
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