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horizontal gaze nystagmus Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "horizontal gaze nystagmus" (Page 4)

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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Horizontal Gaze Nystagmus Test

Q. Why did the officer test my eyes with a pen?A. Officers look for a fluttering of the eyeball which, believe it or not, is indicative of alcohol consumption.  Officers look for a "distinct and sustained nystagmus" at "maximum deviation."  The video depicts one of the six clues that law enforcement are trained to look for in administering the horizontal gaze nystagmus test (the HGN or eye test).  Charles M. Rowland has received the same training as a police officer in administering and evaluating the Standardized Field Sobriety Tests (including the HGN) and he is the only attorney in the...

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Dayton DUI Defense Attorney Earns Certification

Dayton DUI defense attorney Charles M. Rowland II has earned certification in the administration and evaluation of standardized field sobriety tests by attending the Standardized Field Sobriety Testing Certification Student Course (NHTSA Course). This training course certified Charles Rowland in the most current NHTSA approved SFST training curriculum. This is the same NHTSA SFST training course that law enforcement officers are trained in nationwide and testify to in court. Certified attorneys are trained in: Perspectives on recognizing driving behavior exhibited by impaired drivers; Attitudes and skills in detecting the impaired driver; Understanding the tasks...

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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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Standardization Vital to Field Test Reliability

The Importance of Standardization The validity of SFST results is dependent upon practitioners following the established, standardized procedures for test administration and scoring. NHTSA's SFST Student Manual states that the procedures demonstrated in the training program describe how SFSTs should be administered under ideal conditions, but that ideal conditions do not always exist in the field. Variations from ideal conditions, and deviations from the standardized procedures, might affect the evidentiary weight that should be given to test results.Courts in several states have reviewed the admissibility of field sobriety tests that assess physical coordination and have held that deviations in the administration of...

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