NCJ Number
113886
Date Published
1988
Length
0 pages
Annotation
Administration of the Horizontal Gaze Nystagmus (HGN) test to determine sobriety and its admissibility in court as evidence are discussed by a veteran State police officer, and judge, and a lawyer in Part 1 of the National Teleconference on Drunk and Drugged Drivers.
Abstract
The panel's moderator, Sergeant Bill Tower of the Maryland State Police, defines HGN and its role in the field sobriety test battery. A demonstration of the HGN test under field conditions contrasts eye jerking movements of a sober and intoxicated driver. Origins of HGN other than intoxication are discussed, although the video emphasizes that these are not typical of the drunk driver situation. Robert H. Reeder, general counsel of The Traffic Institute, then examines problems that arise when HGN evidence is presented in court. He notes that HGN can be used to establish probable cause and a defendant's guilt or innocence. The Frye test governing admissible scientific evidence, the Blake case in which Arizona courts held that HGN met the Frye test, and the Miranda warning are reviewed. Reeder also covers the Howard case in which the Texas courts ruled that HGN testimony is admissible as part of the officer's personal opinions based on observation. Judge James Rogers considers HGN from the judiciary's viewpoint and argues that programs demonstrating the test be conducted for judges, prosecutors, and the defense bar. Part 1 of the videotape concludes with questions from listeners, the Traffic Institute's training schedule, and a description of the Institute's history and programs.