The horizontal gaze nystagmus test (HGN), is a simple test used by the police to identify if a person is intoxicated or impaired when driving. The HGN looks at the eye movements and determines if the eyes are jerking when looking from side to side. Alcohol and some drugs make the jerking motion of the eyes more obvious, suggesting impairment.
Driving while intoxicated or under the influence can make you a danger to yourself and others. Impairment of any kind means you're not as focused on the road as you should be. Driving without focus puts you in a dangerous situation and is likely to result in a crash.
Leandra's Law is one that was written in honor of an 11-year-old child who was killed while riding with one of her friends' mothers. The mother was intoxicated at the time of the collision.
The police have to suspect you're driving drunk before they pull you over. They must have reasonable suspicion. This is key because, without it, any evidence obtained during the stop may be illegal.
Imagine being involved in a crash. You're already in shock from getting hit by another vehicle, and you're nervous. You may not feel well or may be in pain. You are anxious to go to the hospital or to get through the paperwork so you can go home.
If you drive with a blood alcohol concentration (BAC) of .08 percent of higher, you can be accused of driving under the influence. You can also be accused if the officer believes you are impaired or if there is other evidence in your vehicle.
Just because you're able to do something doesn't mean you should. Perhaps, you heard this saying when you were growing up, similar to the if-your-friends-jumped-off-a-cliff statement parents often make. There are many situations in life where you may have a right to do something, but you need to weigh the possible consequences of your choice before deciding what to do.
If you've been stopped for driving under the influence, you now have a few problems to address. You may have problems getting to work or school, between your family members because of your actions or simply fear the charges you face. Fortunately, your attorney can help you work through this situation and toward the best possible outcome.
A field sobriety test is used to determine if you're intoxicated. Not all tests are created equal, which is why it's vital that you pay attention to the test being given and the way in which it's given. If it is given incorrectly or produces a number of differing results, the test itself may not be admissible in court.
A New York City police officer pulled you over and suspected you of drunk driving. He or she administered a breath test that indicated you had a blood alcohol concentration level at or above .08. For the officer, this might conclusively prove your impairment and provide probable cause (a legal reason) to arrest you. However, to a criminal defense attorney, it's far from conclusive.