HGN (Horizontal Nystagmus Gaze) Testing
If you have ever been pulled over and suspected of drinking and driving, you might know there are a series of tests officers administer prior to the BAC known as field sobriety testing. This can include walking heel to toe, saying the alphabet backwards, and or following an object with your eyes and not your head tests (HGN). While in the past I had thought this was only to see if you were able to directions, it turns out there is a biological reason behind the last test. If you have not been drinking (absent some major neurological disorders), your eyeball will pan across a landscape following object at a consistent pace. If you have been drinking though, it will jump from frame to frame across your field of vision. Think of it like the difference between a continuously variable transmission and stick gear shifting. As such, it is impossible to mask this biological reaction. On the other hand, the interpretation of this result is entirely up to the officer so there is very little way to independently confirm the officer’s findings. If you have gotten this far in the process though, there is probably other evidence that is sufficient to uphold your DUI absent extenuating circumstances. Very, very few DUI/OWI/OWVI/DWI offenses get overturned entirely. At this point, it is best for you to focus on minimizing the consequences through strong representation. An experienced attorney knows the ins and outs of metro Detroit courts, various judge’s proclivities, and can work to negotiate a lenient plea agreement and sentence for you.
To retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
While everyone who has received a drinking and driving ticket wants to get it dismissed, it is actually an extremely rare occurrence. Especially in Oakland County, the police and prosecutors have convictions down to a science and are unlikely to drop a case unless it is extremely weak.
Our office has been successful in defeating charges and has identified a few common factors. First, if the police stop was not legal you stand a much better chance of the charge being dismissed. Second, if you were not read your rights any information that came in after it would have been reasonable expected you would be read your rights is out. Thirdly, if you were not actually seen by the police driving your car it can be difficult for the prosecutor to prove beyond a reasonable doubt you were drinking AND driving. Finally, in some cases if your breath tests were performed in violation of the police’s own policies we may be able to argue they are invalid in rare circumstances.
If this does not describe your case though, don’t despair, we will still work to get you a good result. At this point our efforts will shift to sentencing, and plea negotiations. We can try to avoid you being subjected to extensive terms of probation, court costs and fines, and alcohol education and/or counseling sessions. So how can i get a get a DUI/OWI/OWVI/OUI Dismissed? call us at (248) 398-7100 for a free consultation or contact us with a private message.
Pursuant to MCL 257.625, if you get a DUI in another state, have a DUI on your driving record and then move to Michigan, your driver’s license may be suspended for an additional length of time. While this may seem like double jeopardy, driving is a privilege not a right. Especially when moving to a new state, not having a valid driver’s license can present a real problem. You may face background checks for new employment, have your credit checked using your driver’s license number for a new lease or bank account, or just need to drive around to find your way around your neighborhood or to your new drive.
Our firm has been able to negotiate on behalf of our clients to get this term of suspension dropped, reduced, or to count prior driver’s licenses suspensions as concurrent. Upon moving to a new state getting your life in order without being able to drive can be nearly impossible. Even if you are already established, you will need to arrange for transportation to work, and other places. We can put our experience to work for you and get you back on the road sooner.
Need a Michigan Driver’s License Restoration Attorney? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
