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Horizontal Gaze Nystagmus Test
The above picture depicts a police officer attempting to administer the horizontal gaze nystagmus. The problem is that he is doing it wrong. The National Highway Transportation Safety Administration training manual says that in order to be valid, the officer must hold a stimulus (fingers are ok) at least 12 to 15 inches above the subjects eyes. Here, the officer appears to be holding the "stimulus" at eye level. While it may be unfair to the officer to judge his performance of the test from one picture, it is not unfair to ask, "would my attorney know that this was wrong?" If you need an attorney who knows DUI, contact attorney Charles M. Rowland II at 937-879-9542 or at 1-888-ROWLAND.
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