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Picked a jury on a trial today which will commence on Thursday. The defendant's attorney did me the courtesy of telling me that he would be trying the case with BRAD NEWSOM, a DWI DEfense lawyer from Bosque county or thereabouts... If you know him or his trial tactics, please contact me through e-mail... Thanks in advance! | ||
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Member |
Thanks to all for their replies, here's what I know now: Attorney goes through some manner of schooling to qualify as an expert in giving the HGN test AND as instructor, tries to get test excluded for failure to follow the most extremely minute procedures. The issues raised (unsuccessfully) in our case were: (1)failure to conduct a separate, distinct "check for other factors" prior to adminstering the test (See Webster v. State, 26 S.W.3d 717, Waco COA from 2000, not required); (2) Taking 1.5 seconds for each pass on checking for lack of smooth pursuit rather than taking approximately 2 seconds. Seriously. So tell your officers to wear a stopwatch from now on. | |||
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