TDCAA Community
DWI with NO HGN present

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5281029812

April 04, 2011, 16:39
JrPros
DWI with NO HGN present
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?
April 04, 2011, 17:30
bgreer
We discussed this in my SFST instructor course, odds are that the Trooper missed the HGN.
April 04, 2011, 23:20
MCarroll
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.