MEMORANDUM AND ORDER At approximately 10:35 p.m. on June 28, 2000, Sergeant Eric D. Horn attempted to enter the Harford Road gate of the Army facility located at Aberdeen Proving Ground, Maryland. Officer Daniel L. Jarrell stopped Horn’s vehicle for an identification check. As a result of his observations of Horn, Jarrell suspected that Horn […]

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Linh Nguyen (“Nguyen”) appeals his conviction following a bench trial for violations of 36 C.F.R. §§ 4.22(b)(1) and 4.23(a)(1). The Magistrate Judge denied Nguyen’s requests for an acquittal and also overruled objections, both at trial and in limine, concerning the sobriety tests administered to Nguyen and Rule of Evidence 702. Nguyen now appeals the denied […]

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This case presents two issues for our consideration. First, we are asked to consider whether, in administering field sobriety tests, the police must strictly comply with established, standardized procedures. The second issue concerns R.C. 2945.72(E), which provides that pretrial motions instituted by criminal defendants extend the time within which they must be brought to trial. […]

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OPINION OF THE COURT BY WATANABE, J. Defendant-Appellant Victor Michael Ferrer (Defendant) appeals from the June 1, 1999 Judgment of the District Court of the First Circuit, ‘Ewa Division (the district court), convicting him of Driving Under the Influence of Intoxicating Liquor (DUI), in violation of Hawai’i Revised Statutes (HRS) § 291-4 (Supp. 1998). 1 […]

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PEOPLE v BERGER, 217 Mich App 213; 551 NW2d 421 (1996) PER CURIAM Defendant appeals by leave granted the circuit court affirmance of his district court conviction of operating a vehicle while under the influence of liquor, second offense, MCL 257.625(5); MSA 9.2325(5). We affirm. The only issue to be determined on appeal is whether […]

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“The Robustness of the Horizontal Gaze Nystagmus (HGN) Test,” an article by the top federal researcher of Standardized Field Sobriety Tests, Marcelline Burns, was supposed to be released in 2004. This study was supposed to explore different variations of the mysterious HGN eye test, where officers move a finger or pen before a person’s face, […]

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Field Sobriety Testing A decade ago, most Michigan police officers employed rudimentary field sobriety testing methods.  Over the last ten years, most Michigan police officer have undergone extensive training to become certified in the National Highway Traffic Safety Administration’s Standardized Field Sobriety Tests battery.  In fact, Michigan now boasts a few Drug Recognition Experts (DREs) […]

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