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Pathologic nystagmus Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Pathologic nystagmus"

What Is Wrong With The HGN? (by DaytonDUI)

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...

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OVI Blood Test Defense: Microbial Contamination

Blood cases present the opportunity for multiple scientific defenses, but only if we recognize them and present them in a coherent manner before our judges.  Many of these scientific defenses can arise from problems in the blood draw.  If the blood draw is flawed microorganisms may contaminate the blood sample.  If this happens sugars (natrually present in the blood) can be converted into ethanol, resulting in a fasley high test.  Candida albicans is a yeast that lives on just about everything and is resistant to most preservatives.  In Lakatuka, D.J., “The Effect of Microbial Contamination of the Blood Sample on the Determination...

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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine.  This raises questions about the proper determination of probable cause.  If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

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

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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Morphine, Heroin and the Horizontal Gaze Nystagmus

In the past years, my office has seen an increase in the number of “drugged” driving cases we receive. While arrests for marijuana make up the vast majority of those cases, we are also seeing a dramatic rise in prescription drug cases along with traffic stops implicating harder drugs such morphine and heroin.As with other impaired driving cases, it is vital that you know the observations that would be consistent with impairment by that drug.  It is also vital that you determine if the “standardized field sobriety test” protocol adopted in Ohio is applicable in recognizing clues of impairment due...

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Horizontal Gaze Nystagmus; terms at a glance

Image via WikipediaDayton DUI Attorney Charles M. Rowland is the only attorney in Ohio to hold certification in Forensic Sobriety Assessment and he has been trained in the administration and evaluation of the Standardized Field Sobriety Tests in the same methods that law enforcement officers are trained to use.  Because of this training he is qualified to challenge the administration of the Horizontal Gaze Nystagmus (HGN) test at a motion to suppress hearing or at your DUI trial.  The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades. ...

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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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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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