Field sobriety tests in OVI cases can determine innocence, guilt, and even get the case thrown out. The National Highway Traffic Safety Administration (NHTSA) has a manual that sets forth the three major field sobriety tests and sets forth uniform standards for such testing. The tests consist of the Horizontal Gaze Nystagmus test, the Walk and Turn test and the One Leg Stand test. The Horizontal Gaze Nystagmus test (HGN) is often called the “pen test” or “eye test.” The HGN is performed with a pen, but can be performed with any “stimulus,” as long as it is held 12-15 inches away from the person’s eyes. Contacts, glasses and head injuries can affect this test. The manual sets forth minimum times for each portion of the test, all of which adds up to at least 96 seconds. The Walk and Turn is supposed to be performed on a flat surface. It consists of a standing heel-to-toe position during the instructions, nine heel-to-toe steps, a turn and nine return heel-to-toe steps. Existing leg and back injuries can affect one’s ability to perform this test. The One Leg Stand is also supposed to be performed on a flat surface. It consists of holding one’s foot six inches above the ground while counting for a minimum of thirty seconds. Existing leg and back injuries can affect one’s ability to perform this test. These are just a few of the requirements outlined in the NHTSA field sobriety testing manual. An experienced criminal defense lawyer can help determine whether the police have complied with the manual and challenge the testing procedures in court.
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If you liked this article, take a look at some of my other articles: where does my traffic ticket go to in Ohio, driver’s license is not necessary for non-motor vehicles, changes to Ohio DUI laws, when the driver gets the owner of the car in trouble, drug dogs, Ohio’s expanded rights in traffic stops, when help gets you arrested, and suspended driver’s license in Ohio. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section. My hard hard work has resulted in highly successful results for many of my clients, as reflected in the following links to the following reviews: reviews of Daniel Gigiano; ratings of Daniel Gigiano; working with Daniel Gigiano.
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If you have questions about field sobriety tests or other questions you need answered by a Wadsworth OVI defense lawyer in Medina County, Wadsworth DUI defense lawyer in Medina County or Rittman criminal defense lawyer in Medina County, please call Attorney Daniel F. Gigiano at 330-336-3330. Attorney Gigiano has successfully litigated OVI (commonly known as DUI) issues in a number of courts, including Wadsworth Municipal Court and Wayne County Municipal Court.