The Case of the Bashful Kidney

Stopped by a state trooper for a suspected DUI, David Wolok makes a semi-successful argument for the pee-pee defense

But Wolok's December 31, 1991, victory was a Pyrrhic one. Despite convincing a court to drop the drunk-driving charges, he still lacks a driver's license. On December 19, an administrative hearing officer upheld Trooper Stuart's decision to suspend Wolok's license. Wolok has until January 19 to appeal the administrative review in district court. He vows to persevere.

"To me this incident is very embarrassing," Wolok says. "The only reason I'm willing to make it an issue is that I want the law to change. Do we want to make a law against drunk driving, or do we want to to make a law against people who can't always produce a urine sample? The consequences are not small, and the police should not be judge, jury, and executioner. It's hard to believe that because you don't feel comfortable indecently exposing yourself to a police officer you can lose your driving privileges."

Ed Birk, public information administrator for Florida's Department of Highway Safety and Motor Vehicles, won't say whether he thinks Wolok has a point to make. "The law is clear that the suspension of his license is an administrative procedure entirely separate from the criminal DUI process," Birk says. "While the case is pending, it wouldn't be proper for me to offer a comment on that. And the bashful kidney? This is the first I've heard of it.

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