As we discussed previously, standardized field sobriety tests encompass three components. One of these is the horizontal gaze nystagmus test. In this test, the officer looks at how the person’s eyes track an object. Because the test is based on subjective interpretation, there might be issues with the final result that is noted for the test.
We know that there are several things that might impact the way the officer interprets the test. A person who has vision problems and those who are subjected to bright headlights from oncoming vehicles or the flashing lights from the police cruiser might not pass the test even if he or she is sober because of the way those factors impact the function of the eyes.
When we are working on a drunk driving case, we try to find every avenue that we can for presenting a defense. If there are any questionable occurrences during the traffic stop or the arrest, we will call those into question. We try to look at ways that we can introduce doubt into the mind of each juror so that a conviction beyond a reasonable doubt can’t be made.
We understand that it isn’t easy to live with your freedom hanging in the balance. We will work hard to find out what options you have for a defense. Once we know the options, you can evaluate them to determine which option you will pursue with your defense. Just remember that a defense strategy might include more than one component, so you might not have to settle on a single aspect for your defense.