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Rhode Island HGN Test Lawyer

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Rhode Island HGN Test Attorney

The Horizontal Gaze Nystagmus (HGN) test is one of three standardized field sobriety tests (SFSTs) validated by the National Highway Traffic Safety Administration (NHTSA). Therefore, it is a common test that is conducted in many DUI arrests and prosecutions in Rhode Island.

Though the NHTSA recognizes the HGN as a test that can indicate impairment, this test still has its issues. In fact, it has its disadvantages, which make admitting it as evidence problematic for the prosecution in a DUI case.

In Rhode Island, our DUI defense lawyers will investigate your case, including the types of and manner in which field sobriety tests like the HGN test and other field sobriety tests were used.

At Ellison Law LLC, we use our skills, experience and resources to ensure you receive the best legal representation possible. Contact us at 401-230-5520 to schedule a consultation and learn more about how we can help you fight your DUI charge in Rhode Island.

What is a Horizontal Gaze Nystagmus Test?

The Horizontal Gaze Nystagmus test is one of three standardized field sobriety tests from NHTSA used by the police in Rhode Island to help determine whether a driver is impaired from alcohol or drugs. Because it is a standard test, it is used in many DUI arrests.

How is the HGN Test Performed?

First, the police officer conducting the HGN test should provide clear verbal instructions to the driver. The police officer should tell the driver to stand still, place hands to the side, and keep their head still. Then they must be properly instructed to look at a stimulus, like a pen or another object, and follow it with both eyes while the officer moves the stimulus from right to left.

The officer assesses the driver’s eyes while moving the object from side to side. HGN tests, however, are very technical in their application. Proper administration involves specific requirements on distance between the stimulus and the driver’s nose (12 – 15 inches), timing and length of holds (hold the stimulus for at least 4 seconds at the maximum deviation), and how many times and ways the stimulus is passed back and forth.

The HGN test is meant to measure the involuntary jerking of the eye – known as nystagmus. A driver with a high blood alcohol concentration may exhibit involuntary jerking of an eye as the driver gazes toward the side while following the stimulus.

Three Major Clues of Intoxication

Police look for three major clues while administering the HGN test. Each eye is assessed for these three clues, so there are actually a total of six possible indicators of intoxication. If the officer determines four clues exist, that is supposed to indicate the driver’s blood alcohol content (BAC) level is above 0.08 percent.

  1. Clue 1 involves the onset of nystagmus in either eye before 45 degrees.
  2. Clue 2 involves nystagmus in either eye when the eye gazes as far as possible to the right or left – in this case, there is a sustained and distinct jerking.
  3. Clue 3 occurs when the driver is unable to follow the stimulus – known as lack of smooth pursuit.

Each clue requires specific motions or manners in which the stimulus is held or passed. Each clue also requires different timing. For example, the movement of the stimulus to determine the lack of smooth pursuit should be two seconds out and back to each eye while it is four seconds to move the stimulus from eye to the driver’s shoulder to determine the onset of nystagmus prior to 45 degrees.

Ways to Challenge the HGN Test in Rhode Island

HGN tests can be challenged effectively by arguing against their reliability (these tests are highly subjective) or proving improper administration of the test (these tests require following strict and specific technical rules). Also, these tests can be challenged based on matters not associated with the test itself, but matters related to the driver or to the environment.

Common Challenges to the HGN Test

  • Unreliable based on police officer’s subjective estimations and preconceived notions
  • Unreliable based on police officer’s failure to administer the test properly
  • Unreliable based on external factors

Common External Causes of Failed HGN Tests

  • Bad weather
  • Administered at night in darkness or during the day with a glaring sun
  • Bad roads or other environmental issues
  • Patrol car lights flashing or other lighting issues
  • Driver’s pre-existing health issues or medications, like ear disorders, eye disorders, head injury or brain damage, excessive amounts of caffeine, antihistamines, barbiturates, illness like the flu or vertigo

Keep in mind that there are more than 38 non-alcohol-related causes for nystagmus, and each of these can lead to a failed HGN test.

The HGN test is faulty. Your DUI defense attorney may be able to highlight these weaknesses and create reasonable doubt in the prosecution’s case against you. Our DUI defense lawyers will investigate and review the results of your HGN test and challenge it accordingly.

Contact Our DUI Defense Attorney in Rhode Island Today

Field sobriety tests are a way police officers gather probable cause to arrest you for DUI charges. These tests, however, are rarely conducted in accordance with regulations and are faulty given their subjective nature.

At Ellison Law LLC, our DUI defense lawyers know how to prepare and challenge field sobriety tests like the HGN test. To learn more about how we can help your DUI case, contact us by filling out the online form or calling us at 401-230-5520 to schedule a consultation.

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"I never took the time to thank a lawyer after representing me because I always felt like they could have done more , they just was doing their job pretty much but Allyson Quay ,…

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"Very professional and lots of experience. Really takes the time to send you information you need to know prior to going to court. He answered every question I had and was able to get better…

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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Really knows his stuff! If you need a save call Dave. I'm glad I did. Handled all the paperwork for me and made things really simple and comfortable setting

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David Ellison was very understanding and compassionate. He kept in touch and was always up to date. If you're looking for honest great legal representation contact David Ellison!

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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"David Ellison and Allyson Quay are very knowledgeable and professional. They are a great to work with. Allyson helped me with my case and was able to obtain a great result! I am very happy…

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"David Ellison worked diligently to get me a great result for my case. I would recommend his services to friends or family if they should need legal representation. Despite the circumstances, he was a pleasure…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"Great guy great lawyer will work with you financially and will get the result your looking for." Via Google

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"You get what you pay for and so much more. I was nervous, overwhelmed, and in uncharted territory. David called me personally within hours of inquiring online, and I immediately felt a sense of relief…

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"I was referred to Dave Ellison by a colleague and he is just the most kind, genuine, and knowledgeable lawyer I've had the pleasure of working with. He treats you like a good family member…

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"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"Attorney David Elliison is top notch! He guided me through the process, told me what to expect and he did come through for me with great results! I would highly recommend." Via Google

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

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"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." Via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

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"Attorney Ellison was exceptionally professional in handling my case, an expungement. I received a prompt response from his office, and he was courteous to me and delivered results that were satisfactory to the expectations I…

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"If you're reading these reviews, I'm sure you're nervous for what's to come (whatever that may be), and you may be thinking "can they even help me?", "can I even afford the help?". With David…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

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David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

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"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"David is an amazing person. When I was 18 I was getting into my first real legal trouble, going to jail and what not. David was my court appointed attorney and I figured “I'm screwed…

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- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

- Takes His Job and Role in Society Very Seriously

"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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