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WICKY v. OXONIAN

No. 2D08-2853.

24 So.3d 571 (2009)

Jessica Lauren WICKY, Petitioner, v. Crisanto C. OXONIAN as Personal Representative of the Estate of Maria I. Oxonian, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 6, 2010.

Attorney(s) appearing for the Case

Alan S. Zimmet and T.R. Unice, Jr. of Zimmet, Unice & Salzman, P.A., Clearwater, for Petitioner.

Lorraine E. Robinson of Perenich, Carrol, Perenich, Caulfield, Avril, Noyes & Perenich, P.A., Clearwater, for Respondent.

NORTHCUTT, Judge.

In December 2006, Jessica Wicky passed out while driving, and her car collided with another vehicle. The other driver, Maria Oxonian, was killed. During the police investigation of the accident, Ms. Wicky either impliedly or actually consented to giving a sample of her blood to be analyzed for alcohol content and the presence of controlled or chemical substances. See §§ 316.1932-.1933, Fla. Stat. (2006). The analysis disclosed no...

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