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Defenses Against HGN Test in Michigan DUI Case

Question: What are some defenses against the horizontal gaze nystagmus test in a Michigan DUI/OWI case?

Answer: Well, this is a test that is very frequently mis-administered by the officers. I had a hearing just a couple weeks ago where the officer had completely mixed up different parts of the test and was holding the stimulus at a 45-degree angle vertically instead of determining the 45-degrees on the horizontal plane for one of the steps of the test. So, this is a test where there's going to be fertile ground for reviewing videos. Some of the things we're looking for in that is the total length of time for the test, the number of passes in the test, and what, it's usually very difficult in videos to see the eyes of the client, so it's not really easy to determine if we can see if there's nystagmus, but if the officer didn't even follow the procedure correctly, since it is a scientific test, that could be something that we could file motions about or bring up to a jury at trial to show how the test was not performed correctly.

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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.