Eye Test Suppressed
In an evidentiary hearing on the admissibility of the Horizontal Gaze Nystagmus (HGN) evaluation, attorney Alan Levine cross-examined the arresting officer up and down, backwards and forwards, and inside and out. After all was said and done, he convinced everyone present - most importantly the Judge - that the performance of the HGN eye test deviated from the standards of the National Highway Traffic and Safety Administration to such a degree the evaluation had no evidentiary value. Therefore, the Judge granted Alan's motion to suppress this evidence. Thus, a key element of the State's prosecution was excluded. The decision whether to try and suppress HGN evidence, or let a jury watch a skilled defense attorney eviscerate the investigating officer, is one of trial strategy and not always easy to make. This was an instance where it was decided better to get this otherwise problematic evidence out of the way before trial.
Practice area(s): DUI / DWI