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Why FSTs are Voodo

HGN:

Did you know that nystagmus is a natural, normal phenomenon - and everyone has it? Alcohol and certain drugs do not cause it! In fact, look what the courts have said about nystagmus:

Nystagmus can be caused by problems in an individual's inner ear labyrinth. In fact, irrigating the ears with warm water or cold water...is a source of error. Physiological problems such as certain kinds of diseases may also result in gaze nystagmus. Influenza, streptococcus infections, vertigo, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff's Syndrome, brain hemorrhage, epilepsy, and other psychogenic disorders all have been shown to cause nystagmus. Furthermore, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. The consumption of common substances such as caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption. (Quoting Pangman, Horizontal Gaze Nystagmus: Voodoo Science, 2 DWI J. 1, 3-4 [1987]; State v. Witte, 251 Kan. 313, 326, 836 P.2d 1110, 1119 (1992).

Also, as stated above, the officer must perform the HGN test by the book...

• If the officer is off a few seconds here or there;
   
• If lights are flashing in your eyes;
   
• If you've ever had a head injury;
   
• If you've ever had eye problems;
   
• If you're wearing contacts;
   
• If you're epileptic;
   
• If if if...

the test should be thrown out - and I'll fight to get it that way!

There are numerous, complicated factors into the HGN test - many opportunities for mistakes!

Walk & Turn and One Leg Stand:

Try these next two tests in your living room, completely sober, and email me on how you did!

Officers will testify that everyone should be able to adequately perform the walk and turn and one leg stand.  However, the National Highway Traffic Safety Administration, through their extensive research, has acknowledges that:

• sober people have difficulty with balance;
   
• these tests lose their sensitivity if repeated;
   
• leg problems can affect these tests;
   
• back problems can affect these tests;
   
• middle ear problems can affect these tests;
   
• weight can affect the tests;
   
• age can affect the tests;
   
• footwear can affect theses tests; and
   
• weather conditions can affect the tests.