5 Areas To Cross-Examine On the HGN Test
Almost all police officers use the HGN test as part of their field sobriety test when investigating Dallas DUI charges. Like all field sobriety test the officer is giving an opinion. In order to win a DUI case the criminal attorney must be able to effectively cross-examine the police officer on how he conducted the HGN test. Here are 5 areas to cross-examine an officer on the HGN test.
1. Training. Hit the officers training if it appears his training has been minimal.
2. Manual. Impeach the officer using the training manual he studied.
3. Defendant’s balance. If the defendant doesn’t sway badly during the HGN test cross demonstrate through cross-examination that this show lack of intoxication.
4.Time for holding stimulus. The officer must hold the stimulus out to the side for a minimum four seconds. Officers often hold the stimulus for less than four seconds during the testing.
5. Angle of onset. Officers often estimate the angle of onset. It must be 45 degrees. If it appears they have made a mistake hit them hard on this issue.
The training manuals clearly state that HGN test must be conducted exactly as stated in the manual. Any deviation from the manual can be used to destroy the officers credibility.