Contrary to popular belief, the officer is not checking to make sure you can simply follow the pen or their finger; They are checking to see if your eyes jerk during testing. This jerking is an involuntary movement that may indicate the presence of alcohol and/or drugs in a person’s system. It can also be caused by certain medical conditions and medications.
Eye Tests Procedures
If you are wearing glasses, the officer should have you remove them prior to testing. You should be faced away from any moving lights and passing traffic. The tests should then be administered as follows:
Medical Assessment
Checks for equal pupil size
Checks for jerking while looking straight ahead
Checks for equal tracking (eyes follow the object together)
Horizontal Gaze Nystagmus
Lack of Smooth Pursuit
Holds object slightly above eye level
Holds object 12-15 inches from nose
Moves object to their right taking two seconds to bring eye as far to the side as it can go
Moves object taking two seconds to get back to center
Continues to move object passed center to their left taking two seconds to bring eye as far to the side as it can go
Moves object taking two seconds to get back to center
Repeats test
Distinct and Sustained Nystagmus at Maximum Deviation
Holds object slightly above eye level
Holds object 12-15 inches from nose
Moves object to their right until eye has gone as far to the side as possible
Holds out at least four seconds
Moves object back across face to the left until eye has gone as far to the side as possible
Holds out at least four seconds
Repeats test
Onset of Nystagmus Prior to 45 Degrees
Holds object slightly above eye level
Holds object 12-15 inches from nose
Moves object out to their right
Moves object at a pace that would take four seconds to reach shoulder
Stops when sees jerking
Holds to make sure continues
Checks to see that white of the eye is still showing
Moves object out to their left
Moves object at a pace that would take four seconds to reach shoulder
Stops when sees jerking
Holds to make sure continues
Checks to see that white of the eye is still showing
Repeats test
Vertical Gaze Nystagmus
Holds object horizontally
Holds object 12- 15 inches from nose
Instructs to hold head still and follow the object with your eyes only
Raises object until eyes are elevated as far as possible
Holds for four seconds
Check your tests against the above procedures. If the officer did not substantially comply with the procedures, the accuracy is compromised and may be sufficient grounds to keep the tests out of evidence.
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I had a very disappointing experience with this attorney. He showed no respect for his clients and did not seem to care about my case at all. Instead of offering guidance or legal strategy, he repeatedly told me to “decide what you want to do,” which defeats the purpose of hiring an attorney in the first place. I felt unsupported and ignored throughout the process. I would not recommend his services.
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Sam Moon
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Mr Maher. You have been dedicated and creative in your work. I wish you continued success He's an excellent and honest lawyer. I didn't expect my case to be resolved the same day. Thank you so much 🙏🏻
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Ali Baghdadi
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If you’re a person of color and have faced unfair treatment or received a ticket you didn’t deserve—especially due to biased policing—go to Attorney Maher. I can’t recommend him enough. He truly understands the struggles we go through and will fight for your rights. He got my case dismissed and made sure justice was served. One of the best when it comes to handling traffic-related issues. I’m incredibly grateful for his support and highly recommend his services to anyone in need. Price not that much honestly
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CJ
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I hired Colin for a failure to control. I was skeptical that in the end I was going to get charged with it and make it harder for me to work. Communication wasn't bad but wasn't great either. Other attorneys I've hired in the past would reach out to me consistently and keep me posted. I hired colin because where I got the ticket my usual attorney doesn't cover that area. Would I recommend him ? Yes. But his prices are higher than any attorney I've ever hired for any case so be prepared for a steep charge ! All that matters is i walked away still able to work! Thanks Colin
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Chris Wayne
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Colin had a client with a "not so criminal" F5 for riding a motor bike on the road and not stopping right away. Craziest thing ever you get probation on an f5 charge like that with a Public Defender or no attorney for that matter. 5k later, my buddy plead to 3 years probation
How's that work. Or was you just too busy with other cases?
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Destini Sullivan
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Very nice patient and respectful. Very knowledgeable and helpful.
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PrettyBreyy Network
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Rude! Hung up in my face
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