Just wondering if anyone has found any particularly useful publications on nystagmus... "useful" to me meaning it helps bolster *or* attack the credibility of the HGN test and is in a peer-review scholarly journal of some sort. I keep hearing defense attorneys muttering about JAMA and NEJM publishing HGN-bashing reports, but the muttering is short on citation or confirmation.

thanks!

The Florida Validation Sutdy (1997) shows that HGN correctly ID'd drivers with .08 or better 95% of the time.

The Colorado Validation Study (1995)
covers the reliability of FST's including HGN and found that officers were more likley to err in releasing drivers then on the side of incorrectly arresting drivers.

The Detection of DWI's at BAC's Below .10 (1998) Final Report confirmed the validity of the cues presented in the original NHTSA DWI detection guide.

The APRI Publication "Admissibility of HGN Evidence is a useful booklet as well.

I think copies of all of these can be found at the NHTSA site and you can do a search at that site to see if there are any other studies out there.

All prosecutors should make a point of signing up for the APRI mailing list if they want to stay on top of all the recent studies and developments.
Go to www.ndaa-apri.org
If you go to
http://www.ndaa-apri.org/apri/programs/traffic/hgn_appendix_f.html
you will find an exhaustive list of useful studies in this area.

[This message was edited by Richard Alpert on 10-02-03 at .]

http://www.druglibrary.org/schaffer/Misc/driving/contents.htm

And from Dr. Marcelline Burns:

Burns, Marcelline Publications and reports
2003 Determine Variations in Nystagmus. Contract DTNH22-98-D-55079,
Report to National Highway Traffic Safety Administration, U.S.
Department of Transportation, Washington, D.C. (submitted August
2003).
This is a recently completed research contract. I presented a final briefing at NHTSA on 10/6/03. When they complete their internal review and publish the report, I then will write a paper for publication in a peer-reviewed journal. That cannot be done prior to their publication.

2003 The History and Development of HGN: A Research Perspective.
Admissibility of Horizontal Gaze Nystagmus Evidence. American
Prosecutors Research Institute, Alexandria, VA.
You probably have a copy of this. If not, you can obtain it from John Bobo, National Traffic Law Center, American Prosecutors Research Institute.

2003 Standardized Field Sobriety Tests: A Review. Perceptual and Motor Skills,
(submitted).
This is the paper I discuss in my e-mail. I submitted it to this journal, because they published the Cole-Nowacijk paper, and following my protest to the former editor, he suggested I write a rebuttal. I did not, but thought it appropriate to submit this to the same journal.

1991 Horizontal Gaze Nystagmus: The Controversy and the Issues. The DRE, Vol. 3, No. 3.

1991 Why Police Check a Driver�s Eyes. U,S, Journal of Drug and Alcohol Dependence, 15 (4), 7.
Don�t know this journal is peer-reviewed. It wasn�t a very important paper, in any case.

1988 The Use of Horizontal Gaze Nystagmus as a Field Sobriety Test. Proceedings, The 35th International Congress on Alcoholism and Drug Dependence, Oslo, Norway.
The submissions for this conference probably were peer-reviewed, as most international conferences are, but I have no direct knowledge of their procedures.

1987 Sobriety Tests for the Presence of Drugs. Alcohol, Drugs, and Driving,
Vol. 3, No. 1, 25 � 29.
Peer reviewed � not a major paper.

1985 Field Sobriety Tests: An Important Component of DUI Enforcement.
Alcohol, Drugs, and Driving, Vol. 1, No. 3, 21 � 25.
Peer-reviewed � not very important.

1981 Field Sobriety Testing. Proceedings, State of California Governor�s Task Force
on Alcohol, Drugs and Traffic Safety

Burns, M. and Moskowitz, H. Papers and Reports
1979 Alcohol Impairment Tests for DWI Arrests. Transportation Research Record, Transportation Research Board, National Research Council.
1977 Psychophysical Tests for DWI Arrest. DOT-HS-802 424, NHTSA, U.S. Department of Transportation.

Other co-authored paper and reports
Burns, M. and Citek, K. (2003) What is the HGN Test? Admissibility of Horizontal Gaze
Nystagmus Evidence. American Prosecutors Research Institute,
Alexandria, VA.

Burns, M., Fiorentino, D. and Stuster, J. (2000) The Observational Threshold of Horizontal Gaze Nystagmus. Proceedings, 15th International Conference, Alcohol, Drugs and Traffic Safety, Stockholm, Sweden.
Peer reviewed

Anderson, E. and Burns, M. (1997) Standardized Field Sobriety Tests: A Field Study. The DRE, Vol. 9, No. 3, 6 � 8.

Burns, M. and Dioquino, T. (1998) Florida Validation Study of the Standardized Field Sobriety Test (SFST) Battery. Final Report to IPTM and State of Florida Department of Transportation.

Stuster, J. and Burns, M. (1998) Validation of the Standardized Field Sobriety Test Battery at BACs below 0.10%. Final Report DTNH22-95-C-0519, NHTSA, U.S. Department of Transportation.

Anderson, E. and Burns, M. (1997) Standardized Field Sobriety Tests: A Field Study. Alcohol, Drugs and Traffic Safety, Vol. 2, 635 - 639. Annecy, France.
Peer-reviewed

Burns, M. and Anderson, E.(1995) A Colorado Validation Study of the Standardized Field Sobriety Test (SFST) Battery. Final Report to the Colorado Department of Transportation.

Tharp, V., Burns, M., and Moskowitz, H. (1981) A Sobriety Test Battery. Proceedings,
Conference of the American Assn. of Automotive Medicine
May have been peer reviewed.

Tharp, V., Burns, M. and Moskowitz, H. (1981) Development and Field Test of Psychophysical
Tests for DWI Arrests. DOT-HS-805-864, NHTSA, U.S. Department of
Transportation

Burns, M. and Gould, P. (1997) Police Evaluation of Alcohol and Drug Impairment: Methods, Issues, and Legal Challenges. Alcohol, Drugs and Traffic Safety, Proceedings, Vol. 2, 629 - 634. Annecy, France.
Peer-reviewed

Journal of the American Optometric Association, vol 57 no 9 (Sept 1986) pp 705-708 "Optometric Expert Testimony: foundation for the HGN test" (written by an Iowa prosecutor)

Journal of the American Optometric Association, same issue, pp 654-657 "Is the driver drunk? Oculomotor sobriety testing" (written by two doctors of optometry, one is a PhD also)

American Journal of Optometry and Physiological Optics, vol 63 no 6, pp 467-471 "Use of HGN as a Part of Roadside Sobriety Testing" (written by different authors, two doctors of optometry, one is a PhD also)

These articles are available from the American Optometric Association.