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My client was stopped at a roadblock and the screening officer smelled alcohol. A horizontal gaze nystagmus test was administered (this is the follow the pen/finger with you eyes test that is used to observe the involuntary twitching of the eyes--which is indicative of intoxication). While many officers administer this test, they often do it incorrectly, as did the officer in this case. The officer stated that my client failed the test; however, because it... Read More
