DISCLAIMER: The information on this website should not be construed as legal advice. Any information submitted by our online intake form does not create an attorney-client relationship between you and The Law Offices Of Rick Holcomb, until you sign a contract of representation. Although we cannot guarantee that information sent over the internet will not be intercepted, we will keep the information confidential once it is received by our office.
Holcomb Law, LLLC, a limited liability law corporation, is owned and operated by Honolulu DUI attorney, criminal defense lawyer, and personal injury lawyer, Richard L. Holcomb. In addition to serving all of Honolulu City and County, including the entire island of Oahu and appearing in all courts on Oahu, including the District Courts at Kaneohe and Ewa, Mr. Holcomb is a Hawaii DUI attorney, criminal defense lawyer, and personal injury lawyer. Mr. Holcomb serves the islands (counties) of Hawaii, including Kona and Hilo, Maui (Lanai), and Kauai.
LOCALS, KAMA 'AINA, MILITARY, AND TOURISTS ARE ALL WELCOME.
Limited Liability Law Corporation
Richard L. Holcomb Attorney At Law
DEDICATED HAWAII CRIMINAL DEFENSE LAWYER
Holcomb Law, LLLC
HONOLULU DUI / OVUII DEFENSE ATTORNEY
808.545.4040
1136 Union Mall Suite 808 Honolulu, HI 96813
Holcomb Law, LLLC © 2012 All rights reserved.
Honolulu, HI DUI Defense Attorney
Horizontal Gaze Nystagmus
The Horizontal Gaze Nystagmus (HGN) test is the first of the three standardized Field Sobriety Tests (FST’s). Nystagmus is simply an involuntary movement of the eye, most often a jerking motion. In some cases, Nystagmus can be a sign of intoxication. However, many factors may contribute to nystagmus, including: the officer’s blinking cruiser lights, traffic, wind, rain, dust, weakness or blindness in one eye, etc.
Generally, the test is administered by an officer placing an object twelve to fifteen inches from the subject’s face. Ideally, the object should be placed above eye level. The officer will ask the subject to follow the object with their eyes.
Although swaying and movement of the head often occur during administration of the HGN test, no points should be subtracted for such behavior. Instead the officer may instruct the subject to hold their own chin steady.
The officer will then check for “equal tracking” by moving the object quickly across the subject’s entire field of vision. Both eyes should follow the object simultaneously. The officer also checks for dilation of the eyes and whether the pupils of both eyes are the same size. If there is not equal tracking, a medical disorder, usually a head injury, may be to blame. The officer should discontinue the testing and may seek medical assistance if the officer fears a head injury has occurred.
OVUII Defense Lawyer in Honolulu
Assuming the test continues, the officer will check for the presence of the six “clues,” three in each eye. The officer will check to see if each eye smoothly follows the object. The officer will move the object as far left (and then as far right) as possible and hold the object there for four seconds to check for nystagmus. Then the officer, using his or her best guess, will move the object first slowly to the left and then to the right to check for nystagmus before the object reaches forty-five degrees from the center of the suspect’s face.
This controversial test is obviously highly technical and requires a well-trained administrator to ensure an accurate result. Mr. Holcomb is well-prepared to litigate whether your Horizontal Nystagmus Test was properly administered, and whether the results were accurate and/or properly interpreted.