Originally Posted on: Feb. 14 2008,19:10 by William Maze
I filed a massive appeal on the Horizontal Gaze Nystagmus test (HGN) and the Walk and Turn test (WAT) today with the Michigan court of appeals. Facts in general: Client passed finger count, cop screwed up HGN terribly, and cop improperly scored (and later admitted error) counting three clues when only one clue was present on the WAT. (One clue on the WAT qualifies as a passing score.) The preliminary breath test (PBT) was suppressed because it was done horribly wrong while the client smoked a cigarette. We are trying to get a complete dismissal on this one. Our expert witness, Tony Corroto, a retired police officer with outstanding qualifications, was not permitted to testify because the judge held that NHTSA standards do not apply in Michigan, even though the officer employed those NHTSA tests. Our appeal asks the COA to reverse on HGN and WAT, hold that no reasonable cause for arrest existed, and our expert should have been allowed to testify.
Once it gets entered into the system, you should be able to track it here: http://coa.courts.mi.gov/resources/asp/viewdocket.asp?casenumber=283673&fparties=&inqtype=public&yr=0