15 May

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HGN Test Doomed By Lack Of Training

HGN Test Doomed By Lack Of Training According to their own manual, the HGN test, Horizontal Gaze Nystagmus, is the most reliable of the three standardized field sobriety tests. The police are trained that it is 77% accurate at detecting subjects at or above a .10% blood alcohol concentration. But that is not the whole story.Officers are not told that everyone (EVERYONE) has nystagmus. The presence of alcohol merely enhances or magnifies this natural effect. In addition, they are instructed that there are 40 different kinds of nystagmus. Yes, everyone - but that is somehow not important to their training. The fact...

21 February

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Horizontal Gaze Nystagmus – Understanding The “Most Reliable” Roadside Test

Posted by Dayton DUI

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Horizontal Gaze Nystagmus The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGN test is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. HGN: What Is The Science? Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye. During the test, a law enforcement officer is looking for is an involuntary...

18 November

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There’s A New Standardized Field Sobriety Tests “Guide”

Posted by Dayton DUI

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Standardized Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them "stupid human tricks." Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.NHTSA has developed a new "GUIDE" in assessing Standardized Field Sobriety Tests. The new (March, 2013) version focuses more on having law enforcement recognize and administer tests to determine impaired driving by substances other than alcohol. No new scientific studies...

13 June

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What Is Wrong With The HGN? (by DaytonDUI)

Posted by Dayton DUI

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The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio.When an officer asks you to follow his pen, he is performing the horizontal gaze nystagmus test. Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye. The nystagmus the...

06 May

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Unintended Consequences of an Ohio DUI Charge

Posted by Dayton DUI

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A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI) charge.1. Child Custody - If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction can be used against you in domestic relations court. Automatic suspensions may make it difficult to exercise visitation with your children. You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the cost or...

12 April

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Nonstandardized Field Sobriety Tests

Posted by Dayton DUI

in DUI Law

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers. The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment. The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2) walk & turn; (3) one-leg-stand. The officer is trained to administer the tests in a standardized fashion and record "clues" of impairment as evidenced by the subject's performance on the tests.Often, you will encounter a circumstance where the officer employs an non-standardized field sobriety test. These...

02 April

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Can a Person Refuse to Take the Field Sobriety Test?

Posted by Dayton DUI

in DUI Process

QUESTION: Can a person refuse to take the field sobriety test?AUDIO ANSWER by DUI Attorney Charles Rowland:...

17 September

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Proof Beyond All Reasonable Doubt And Other Closing Arguments (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Imagine that you woke up with a sore throat. It persists throughout the day and into the next. As the week drags on you feel worse and worse and your wife demands that you go to the doctor. You hate doctors, but you feel so lousy that you agree to get your throat checked out. When you arrive you fill out the requisite forms and wait longer than you feel is necessary. Just as you are nearing your boiling point a nurse calls your name and leads you into a small room. You tell her that you've had a sore...

10 September

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Illegal Police Stops (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which includes being unlawfully or illegally pulled over or stopped by law enforcement. An officer cannot simply pull you over based on a hunch or intuition. When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation. State v. Brickman(2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575. The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the officer has reason to...

24 August

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The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

Posted by Dayton DUI

in Uncategorized

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades. These movements make the eye appear to bounce or wobble. The officer uses this movement to make a correlation to alcohol use. This would valid only if we are...

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