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Dayton DUI Attorney Charles Rowland > Posts tagged "HGN" (Page 3)

Standardized Field Sobriety Tests

The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court....

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Ohio DUI Law: Failure to File a Motion To Suppress

Should You File A Motion to Suppress?In State v. Thomas, 2011-Ohio-1987 (2nd Dist. Ct. App. 2011), the Defendant was convicted of felony OVI after a jury trial.  No motion to suppress was filed and it was determined during the jury trial that the officer wasn't sure whether he turned off his overhead lights during the horizontal gaze nystagmus portion of the standardized field sobriety tests, but stated that it was normal to do so.  An argument exists that doing the test in this manner should result in suppression of the test as the phenomenon of optokinetic...

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Challenging the Standardized Field Sobriety Tests

Did the Officer Conduct A Pre-Test Medical Check?  Prior to the administration of the Horizontal Gaze Nystagmus (HGN) test, an officer is required to examine a subject's eyes to assess for possible medical impairment. (NHTSA Student Manual, 2006 ed. VIII-5)   The examining officer should look atPupil size; Resting Nystagmus; Tracking AbilityIf any of these are present they should be noted and the test should be aborted.Resting Nystagmus is "referred to as a jerking of the eyes as they look straight ahead.  (NHTSA Student Manual, 2006 ed., VIII-4)  Officers are trained that if they see resting nystagmus "[i]ts presence usually indicates a...

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Rowland Earns Forensic Sobriety Assessment Certification

This month, Charles M. Rowland II was re-certified as Ohio's only DUI attorney credentialed in Forensic Sobriety Assessment.  "FSA certification requires working knowledge of the scientific principles and research relating to sobriety testing in a DWI / DUI stop, including:The scientific literature on indications of intoxication such as red eyes and slurred speach NHTSA's Standardized Field Sobriety Tests (SFSTs) Testing concepts: Reliability and validity Diagnostic statistics: False positive rates, sensitivity, specificity, etc. Experimental design issues relevant to sobriety test studies Statistical concepts such as correlation, statistical significance, and effect size Visual science pertaining to the Horizontal Gaze Nystagmus (HGN) ...

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DUI LAW: Once There Was A Place Called Camelot

Image by Mr Mo-Fo via FlickrDON'T LET IT BE FORGOT, THAT ONCE THERE WAS A SPOT, FOR ONE BRIEF SHINING MOMENT, THAT WAS KNOWN AS CAMELOT. In State v. Homan, 89 Ohio St.3d 421, 2000-Ohio-212, 732 N.E.2d 952 (2000),  the Ohio Supreme Court ruled in favor of requiring the government to strictly comply with the standardized testing procedures set forth in the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA is the government agency tasked with determining what quasi-scientific tests are indicative of alcohol impairment.  The court concluded that "even minor deviations from the standardized procedures can severely...

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Why the HGN Test is Fraudulent

Officers Get It Wrong 95% of the Time![caption id="" align="alignright" width="240" caption="Statue personifying "SCIENCE""][/caption]The most important scientific study of the Horizontal Gaze Nystagmus test undertaken by someone not associated with the government is J. Booker, The Horizontal Gaze Nystagmus Test: Fraudulent Science in American Courts, 44 Science and Justice 3 at 133 (July 2004).  The biggest takeaway for DUI attorneys is that the study revealed that the HGN test was improperly administered in the field 95% of the time. (95%!)Booker goes on to argue that the test was rushed into the field without proper scientific scrutiny, applying five hallmarks...

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DUI Science; there are only three standardized field sobriety tests

Extensive government testing was begun in the 1970's to determine a scientifically valid way of helping police officers detect intoxication in drivers under suspicion of drunk driving.  The National Highway Traffic and Safety Administration (NHTSA) guidelines were set up to help make these tests more accurate. After extensive testing, NHTSA determined that three tests were specific for alcohol intoxication: the HGN (horizontal gaze nystagmus), the walk & turn test and the one leg stand test. They are now called ‘standardized field sobriety tests.Many officers rely upon other tests to determine intoxication.  These tests may include:The Rhomberg stationary balance test wherein...

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What are the standardized field sobriety tests?

Image via WikipediaThe standardized field sobriety tests consist of a three-test battery which includes a check of your eyes (called the horizontal gaze nystagmus test, or HGN), and two tests of your coordination, balance, stamina and memory called the one-leg stand test and the walk and turn test.  Officers use these tests to establish probable cause for a drunk driving arrest. The tests are set forth in the National Highway Transportation Safety Administration manual, which is used to train law enforcement in administering the tests.  The DUI defense team of Charles M. Rowland II not only has...

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Standardized Field Sobriety Test Training

[caption id="" align="alignright" width="168" caption="Image by erjkprunczyk via Flickr"][/caption]Tomorrow, I will leave for South Carolina to attend the most recent National Highway Transportation Administration (NHTSA) Student class on the Standardized Field Sobriety Tests.  This is the same training that police officers receive in their ADAP training.  This training will allow me to augment my knowledge of the field tests and be able to offer my clients the best in DUI/OVI representation.  This is in keeping with my commitment to be the very best DUI/OVI attorney that I can be.-Charles M. Rowland II-...

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