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Wilson v. State3/1/2002
tate, fiscally and intellectually, beyond any tolerable limit." Id. Retroactivity, then, must only be afforded to those changes in the law which perform a much more significant and fundamental function than merely fine-tuning existing law, even if the change of law is constitutional in nature. Id. at 267-68.
Based on this reasoning, the First District held in Curtis v. State, 26 Fla. L. Weekly D2874 (Fla. 1st DCA Dec. 7, 2001):
The admissibility of blood-alcohol tests in Miles is an evolutionary refinement in the law rather than a jurisprudential upheaval that requires retroactive treatment under Witt. It is a "rare" case that meets the stringent criteria of Witt. Dixon v. State, 730 So. 2d 265, 267 (Fla. 1999). This is not one of those rare cases. Id. 26 Fla. L. Weekly at D2874.
We agree with the First District Court of Appeal that Miles has no retroactive application.
AFFIRMED.
THOMPSON, C.J., and COBB, J., concur.
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