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Nystagmus remains junk Virginia DUI science says Fairfax DUI Lawyer

Nystagmus testing for alcohol impairment -- also known as horizontal gaze nystagmus (HGN) -- is junk field sobriety testing (SFST) science. As a Fairfax DUI lawyer, I know that no published Virginia appellate opinion approves of such testing, and this year's appellate opinions on HGN...

VA DWI comes to review in high state court says Fairfax DUI lawyer

VA DWI law is not pretty even though acquittals can be achieved. As a Fairfax DUI lawyer, I know that 0.08 is a ridiculously low per se threshold for mandating a conviction. I also know that driving under the influence without a blood alcohol reading has a...

HGN testing in DUI cases means little, says Virginia DUI lawyer

HGN testing -- meaning horizontal gaze nystagmus testing -- in Virginia DUI cases is one of the three field sobriety tests (the others being the walk and turn (WAT) test and one leg stand (OLS) test) covered in the student field sobriety testing (SFST) manual...

Virginia DWI defense- Challenging horizontal gaze nystagumus testimony

The horizontal gaze nystagmus test ("HGN") is routinely included among the field sobriety tests. Even if the test's name sounds scientific, in reality the test involve's the police officer having the DWI suspect follow a pen or other stimulus with the suspects' eyes, while the...