Blogging from the Rusty Duncan seminar, and listening to San Antonio DWI lawyer George Scharmen give an excellent presentation on the Field Sobriety Tests yesterday.
One interesting tidbit. Scharmen argued that while of course you must cross the officer about the 6 out of 6 (isn’t it always all 6 clues?) on the Horizontal Gaze Nystagamus, it’s not important to go on and on about it. In fact, it may give it more effect than the jury would otherwise.
Scharmen said – and my notes are skimpy here – he asks about how the officer is only trained by another officer, not a medical professional; impeaches the officer if necessary with the manual where he has made errors in administration, eg. Holding the stimulus for less than 4 seconds at maximum deviation; asks why the results weren’t reproduced for the jury by placing the subject in front of the vehicle to put the HGN on tape, and then…
“I mostly leave it alone”.
[Scharmen asks more than those 3 or 4 questions of course; he’s just saying he deemphasizes it by doing an effective short cross on it where he can.]