A lawyer in Fairfax County, Virginia is arguing that the Horizontal Gaze
Nystagmus test should be made inadmissible in a DUI trial. The
Horizontal Gaze Nystagmus (HGN) Test is one of three standard field
sobriety tests used by officers to determine an individual's level of
intoxication. An individual fails the test if their eyes "wobble" too
much when following an officer's finger.
The lawyer states that this test is no more useful than simply detecting
a strong odor of alcohol on a suspect's breath. Also, other medical
conditions and/or medications can cause an individual's eyes to "wobble"
if they try to follow a finger or other object as it moves. The lawyer
also noted that officers are not trained medical professionals and they
are not qualified to interpret the results of a medical test.
Perhaps the most persuasive argument the attorney made was that in cases
of DUI which result in a conviction, the evidence is usually so
overwhelming that the HGN test is irrelevant anyway. Remember to never
drink and drive or operate a vehicle under the influence of any
substance. If you live in Burlington, Essex, Colchester, Winooski,
Williston, Shelburne or anywhere in the state of Vermont, and have been
arrested or charged with DUI or any crime, call Handy Law for aggressive
and experienced legal defense.