Wicks Law, P.A.

https://www.coloradopolitics.com/courts/colorado-supreme-court-rules-dui-suspects-may-revoke-consent-to-blood-test/article_6de7c3bc-22a8-11ef-9402-97559ba7f3d9.html

Colorado Supreme Court rules DUI suspects may revoke consent to blood test, requiring warrant Suspected drunk drivers do have the ability to revoke their consent to a blood or breath test, which generally means police will need to get a warrant to measure intoxication levels, the Colorado Supreme Court ruled on Monday.

https://www.msn.com/en-us/news/us/florida-senate-approves-stricter-measures-for-suspected-drunk-drivers/ar-BB1nEoHJ

Intoxilyers and Refusal

www.msn.com

AI used in prosecutions and the challenges facing the criminal defense bar.

An AI tool used in thousands of criminal cases is facing legal challenges Cybercheck's founder has said the software tops 90% accuracy. Defense lawyers have said he lied under oath about his expertise and made false claims about when and where the technology has been used.

Legally Bald. On the road. On the waterfront. Sharing his deep thoughts and legal knowledge on Waterskiing under the influence and Crab Molestation.

TikTok · Legally Bald Check out Legally Bald’s video.

Mr. Legally Bald on the road and on the waterfront sharing his deep thoughts and legal knowledge. Enjoy.

Visit TikTok to discover videos! Watch, follow, and discover more trending content.

We are told DUI investigations are objective. They are not objective. They are subjective.

Miami-Dade officer who failed to investigate colleague for DUI faces dismissal A Miami-Dade police officer who failed to investigate a colleague for DUI — despite being told by witnesses his fellow officer appeared intoxicated — is facing termination, after the department director concurred with a recommendation he be fired.

https://www.zillow.com/homedetails/1003-Cedarbrook-Ct-Melbourne-FL-32940/43443213_zpid/

1003 Cedarbrook Ct, Melbourne, FL 32940 | Zillow This 1668 square feet Single Family home has 3 bedrooms and 2 bathrooms. It is located at 1003 Cedarbrook Ct, Melbourne, FL.

HGN and Time. The time for an HGN exam should be between 82 to 90 seconds. Anything less than should be grounds to attack the results.

Guilty until Proven Innocent:
Field Drug Tests and Wrongful Convictions

www.law.upenn.edu

A new case study on Auto-Brewery Syndrome is out.

"ABS is a rare and underdiagnosed medical condition often seen in conjunction with antibiotic use and malabsorption syndromes. Patients are recommended to avoid alcohol, eat a low sugar/ carbohydrate diet. Antifungals have been implicated in their treatment. They should also carry breathalyzers with them to avoid driving when inebriated."

S2889 Underdiagnosed Medical Condition: Auto-Brewery... : Official journal of the American College of Gastroenterology | ACG An abstract is unavailable.

What is a crash? Florida courts debate the definition in a DUI case.

What is a crash? Florida courts debate the definition in a DUI case Florida law requires that a crime must occur within the presence of police for warrantless misdemeanor arrests. A traffic crash is a legal exception to the law. As a result, whether the incident fit the legal definition of a crash became the primary issue in a court case.

5 Steps to Avoid a DUI on the 4th of July

The Fourth of July is all about fireworks, BBQs, and plenty of drinking to celebrate our nation's independence, but it can quickly turn into a nightmare if you're caught driving under the influence.

1. Plan Ahead
Before heading out to a party or event, make sure you have a plan in place for getting home safely. This could mean designating a sober driver, using a ride-sharing service, or taking public transportation. By planning ahead, you'll avoid the temptation to get behind the wheel after having a few drinks.

2. Pace Yourself
It's easy to get caught up in the festivities and drink more than you intended. However, it's important to pace yourself and keep track of how much alcohol you're consuming. Stick to one drink per hour, and make sure to alternate between alcoholic and non-alcoholic beverages.

3. Eat Before Drinking
Having a meal before drinking can help slow down the absorption of alcohol into your bloodstream. This can help you feel more sober and alert, reducing the risk of a DUI.

4. Be Aware of Your Surroundings
If you're at a party or event, be aware of your surroundings. Keep an eye out for anyone who may be drinking excessively or acting erratically. If you feel uncomfortable or unsafe, leave the area and find a safe way home.

5. Know Your Limits
Everyone has different limits when it comes to alcohol consumption. It's important to know your limits and stick to them. If you feel like you've had too much to drink, stop drinking and find a safe way home.

By following these five essential tips, you can significantly reduce your risk of getting a DUI on the 4th of July and other holidays. Remember, driving under the influence is not only dangerous but can also have serious legal consequences.

https://www.naplesnews.com/story/news/crime/2023/05/30/florida-woman-drives-wreckless-new-smyrna-beach-dui-laws/70267838007/

After Orlando woman charged with drunken driving onto beach, what are Florida’s DUI laws? A Florida woman was arrested Saturday and charged with DUI and reckless driving after driving a vehicle down a busy Smyrna Dunes Park beach.

For your consideration when defending DUI cases.
The 2023 version has the magic language that was removed from some prior DUI/NHTSA manuals. "It is necessary to emphasize this validation applies only when the tests are administered in the prescribed and standardized manner, the standardized clues are used to assess the subject’s performance, and the standardized criteria are employed to interpret that performance. If anyone of the SFST elements is changed, the validity may be compromised."
Section 8, Page 12. Page 225 in the PDF.rt

to a small literature demonstrating that urinary codeine concentrations (at least those below ~1,300 g/g creatinine) and morphine-to-codeine ratios cannot reliably distinguish poppy seed consumption from codeine administration. In assessing the credibility of poppy seed defenses, therefore, it may be useful to interpret urine drug test results in the con- text of the specific food product; the serving size and pattern of consumption; the timing of consumption relative to urine
sample collection and, if feasible, poppy seed analysis.

DUIs and Women: Female drivers are faced with additional issues when a police officer requests a woman to perform FSTs or take a breath, blood or urine test. For example, many Breathalyzer machines inaccurately give higher readings for women due to the fact most breath screening devices are calibrated for men. This basically means that if a female driver had taken a blood test instead of a breath test at that same time, there is a stronger likelihood the BAC level would be drastically lower than what the breath test readings indicated.

https://www.krqe.com/news/crime/new-mexico-man-takes-plea-deal-for-7th-dwi-charge/

New Mexico man takes plea deal for 7th DWI charge SANTA FE, N.M. (KRQE) – In New Mexico, an eighth DWI carries a minimum 10-year sentence. So, how did a New Mexico man with a long history of drunk driving recently land a plea deal for a pair …

The investigation into a DUI case begins on the date of the arrest. A public records request and a letter to preserve evidence should be sent out immediately. Request the CAD (computer aided dispatch) to find out who responded to the scene of the arrest, dashcam/body cam (for all officers who showed up to the scene of arrest, DUI room video, video from when the squad car came into the jail, video showing the client walking into the jail, video of the client walking into the DUI room. A DUI defense begins with a keen eye for detail because a DUI case should not begin or end with what the prosecutor hands you.

DUI case dismissed after Fort Collins officer muted bodycam for 30 minutes The Problem Solvers uncovered yet another questioned DUI arrest tied to a local police officer.

https://denvergazette.com/ap/health/this-cannabis-user-was-arrested-for-dui-yet-his-driving-was-fine-a-clash-of/article_32eea3c9-65ed-5e11-bae6-f8a7846e9795.html

Driving Under the Influence of Cannabis and the ongoing issue of determining impairment is important when litigating the case.

“Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth.”
― William Faulkner

Grateful that our client entrusted us to fight her 2ND DUI WITHIN 5 YEARS. Her initial offer was 60 days in jail. Woking all angles possible over the last 9 1/2 months, with our relentless team, we just informed her of a new offer- RECKLESS DRIVING, NO PROBATION. Eric Wicks Angela Alex Cox Zoie Christine Emily Dunn Nicolas Sandberg

https://about.bgov.com/news/automakers-pushed-to-fight-drunk-driving-in-infrastructure-bill/

Automakers Pushed to Fight Drunk Driving in Infrastructure Bill | Bloomberg Government Katie Snyder Evans was heading home in 2017, after visiting her premature twin girls in the hospital, when a car going 95 miles an hour with a drunk driver at the wheel flew over a median into her lane, killing her.

In Florida, the law requires two blows for a result (with other limits) to be admissible BY THE STATE. In Willams v. State (2021), the defendant blew one time 0.04. The trial court excluded the result, but the appellate court said exclusion was improper because the result was exculpatory.

When is a DUI not a DUI? Aggressive enforcement of DUI's by non-medically trained law enforcement can lead to wrongful conclusions and wrongful arrests. This article regarding the arrest of a stroke victim is just an example of a wrongful DUI arrest.

https://www.modbee.com/news/california/article255192137.html

California city pays $500K to stroke victim arrested for DUI A Southern California city will pay $500,000 to settle a lawsuit by a woman arrested for driving under the influence when she was actually having a stroke.

Jets' Marcus Maye facing DUI charges stemming from arrest in February in South Florida

https://www.cbssports.com/nfl/news/jets-marcus-maye-facing-dui-charges-stemming-from-arrest-in-february-in-south-florida/

Jets' Marcus Maye facing DUI charges stemming from arrest in February in South Florida Maye is facing three misdemeanor charges

Auto Brewery Syndrome (ABS) The causation of ethanol production by microbes in the GI tract from antibiotic use.

Long courses of antibiotic treatment most likely increases the risk of ABS occurring but other causes of ABS may include:

1. Prior abdominal surgery that involves the GI tract

2. Diabetes, obesity, Crohn’s disease

fil:///C:/Users/ewick/Downloads/AUTO%20BREWERY%20SYNDROME%20REVIEW%20BY%20IWATA%201972.pdf

Wicks Law, P.A. and William F. Meyer, P.A. wishes everyone a safe and happy holiday season!

DUI and Retrograde Extrapolation