DUI Advice - Eye Test - Horizontal Gaze Nystagmus (HGN)

What is the HGN test, or Horizontal Gaze Nystagmus? It is the eye test frequently performed during DUI stops, and there is a proper way that it has to be performed. Scotty Roberson explains how it should be administered and how it affects your legal case in this interview. Scotty Roberson is a former police officer, is a certified instructor for the proper administering of Breathalyzer tests (training many law enforcement agencies), and an investigator for the Steve Sumner Law Firm in Greenville, SC.
NOTE: This video was created in 2010, so some aspects of the advice may have changed slightly due to changes in DUI laws since that time. We strongly recommend that you consult a licensed and experienced attorney for your case, such as DUI Attorney Steve Sumner at UpstateDUI.com, located in Greenville, SC.
Video by Brian Kelly Multimedia - "Like" on Facebook - / briankellymultimedia and visit the website at
www.briankellymultimedia.com

[@Shadowpixy]

If you’re drunk, you’re drunk. I have known two people in the last four years, One of those being my nephew who had only just turned 19, (riding his skateboard on the sidewalk,) who were exactly where they were supposed to be, minding their own business yet run down and killed by people under the influence. No rational person could comprehend how any attorney with any conscience would coach or train somebody how to get out of going to jail after they murder someone with their vehicle. Crap like this is preventable. That person got into their vehicle, and made a CHOICE to drive that vehicle intoxicated. And even after all this time, that son of a bitch who murdered my nephew is still not in jail because his attorney keeps fighting to get him off. Even though Jonathan‘s scalp was found on his bumper. It’s bullshit coaching people so that they don’t have to go to jail for what they did.

[@tellmeaboutit9975]

You said it. If someone is drunk, they’re drunk. They wouldn’t pass all 3 tests and certainly wouldn’t pass a breathalyzer.

[@NotJakeSmith]

W BRIAN based AF

[@BryanTorok]

I'm an LEO and yet I've always felt that the HGN test is too subjective. At least now with video, it is possible to challenge the results.

[@Shadowpixy]

What in the hell does being a Leo have to do with the comment or subject matter?

[@BryanTorok]

@@Shadowpixy It has about as much to do with the comment and the subject matter as the fact that the presenter is a former police officer. In other words, a lot. I was trained, but not certified, in the basics of this technique. I saw other LEO administer the test many times. Some were actually certified and others were not. It struck me that due to the very nature of the test, it would be difficult, perhaps impossible to develop a completely objective standard of what passes and what fails. Also, it might be impossible to exclude other causes of nystagmus. So, now that I've explained myself, who the hell are you to question me in such a hostile manner?

[@Shadowpixy]

@@BryanTorok if you had read the comment in jest as it was intended, you would have gotten the pun instead of getting your panties in a twist. Leo? As in, astrological sign? It was a joke my friend. Pull up your big boy/girl pants and take a joke.

[@BryanTorok]

@@Shadowpixy Sorry, there was nothing in your reply to indicate an intent at humor or the double entendre of astrological sign.

[@tonykent8311]

@@Shadowpixy Its interesting to get the take from someone with experience in administering the test in the field and comparing the results of the field test to the BAC test back at the police station. Certainly more interesting and relevent than most random youtube comment.