Judge Rejects Sobriety Test

A judge in the San Antonio area has announced he’s rejecting the “horizontal gaze nystagmus” test. Police use HGN following training from the federal NHTSA.

We have seen courts in other states question HGN and other sobriety tests. Fair DUI believes they are based on junk science. I personally have cross examined many officers. Few conduct the tests in a manner consistent with the training.

Nystagmus tests are preposterous. I’ve talked to doctors, including an ophthalmologist, who laugh at the idea of an officer with a few hours of training doing an eye exam.

Read more in the Express News.

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