- Monday, 28 June 2010 12:11
In Bravo v. St decided on May 28, 2010, the Georgia Court of Appeals was asked to decide if the arresting officer could testify as to a possible numerical blood alcohol content solely based on the HGN results.The HGN, or horizontal gaze nystagmus, is a field test done on the side of the road, where the cop asks you to follow his finger or pen with your eyes. He is looking to see if your eye involuntarily jerks. Georgia courts have held that the HGN is as close to a scientific test as you can get and therefore if the cop has training and experience, he can testify that you were impaired. In Bravo however, the Court of Appeals ruled that the cop cannot testify that your blood alcohol level was above a .08, because the HGN has not reached a state of verifiable certainty in the scientific community.
Why allow this issue to ever arise in the first place?
REMEMBER NEVER DO ANY OF THE FIELD TESTS!