Bogus "delayed eye response during a nystagmus test" used, in part, to deny liability against a DRE officer for an unlawful arrest. There is no "delayed eye response" in the HGN test, and the DRE protocols do not include a roadside "delayed eye response." This officer is making stuff up, and he shouldn't be a DRE. I'll say it because no one else will: this cop is a joke without a punchline.
NEIDERMEYER v. Caldwell
Court of Appeals, 9th Circuit, 2017
… Here, construing the facts in the light most favorable to Neidermeyer, Officer Caldwell,
who was trained as a Drug Recognition Expert, observed Neidermeyer's car drifting
within its lane and then making an unsafe lane change …
who was trained as a Drug Recognition Expert, observed Neidermeyer's car drifting
within its lane and then making an unsafe lane change …