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DWI with NO HGN present Login/Join 
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Has anyone ever encountered this?

State trooper stops a guy for speeding and passing a stationary emergency vehicle (another state trooper with lights on).

SFST's

No clues on HGN, no resting nystagmus, equal tracking, equal pupil size, no glasses or contacts.

4 clues on walk and turn
2 clues on one leg stand

PBT .134
PBT on another troopers machine .124

Refuses to blow at the jail.

Has this ever happened before? I know the manual states HGN is the most accurate?
 
Posts: 5 | Registered: April 22, 2010Reply With QuoteReport This Post
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We discussed this in my SFST instructor course, odds are that the Trooper missed the HGN.
 
Posts: 95 | Location: Marble Falls, TX USA | Registered: October 29, 2006Reply With QuoteReport This Post
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I would have to agree that is far more likely that the Trooper failed to observe the HGN.
Sounds like a Blood Search Warrant would have come in handy on this case.
 
Posts: 6 | Location: Lampasas, TX | Registered: January 27, 2011Reply With QuoteReport This Post
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