In this case, the HGN test (horizontal gaze nystagmus) was used to prove that a motorist was under the influence of methamphetamine. Methamphetamine is a CNS stimulant that “speeds up” a person’s mind and central nervous system. Cocaine and methamphetamine are the two most commonly abused stimulants. Ritalin, Cylert, ephedrine, and caffeine are other well-known stimulants.
HGN should NOT be present. The officer, who had little to no drugged driving training, testified that the HGN test is the most accurate test for intoxication. Unfortunately, the officer is an idiot. Nystagmus, which might be best described as an exaggerated jerking or bouncing of the eyes, may be present if a person has taken a depressant (such as barbiturates, alcohol, or tranquilizers), or used an inhalant, or PCP. Officers in the standardized field sobriety test course are taught the acronym “DIP” (depressants, inhalants, PCP) as a mnemonic device to recall what categories of drugs cause nystagmus.
The horizontal gaze nystagmus test is not used to test for the presence of a CNS stimulant.
State v. Malloy
Iowa: Court of Appeals, 2017
… B. Ineffective Assistance of Counsel. Next Malloy argues he received ineffective assistance
of counsel when his attorney did not object to Deputy Lenz's testimony regarding the HGN
test because Lenz is not a certified drug-recognition expert …
of counsel when his attorney did not object to Deputy Lenz's testimony regarding the HGN
test because Lenz is not a certified drug-recognition expert …