HGN- EYE TEST
The HGN test is more of the same, is equal to the balance tests. As in the tests of balance, most officers do not perform eye test correctly. Yet the State contends that can magically tell if intoxicated by moving a pen in front of you for a few seconds.
DWI IS A CRIME OF OPINION
Being intoxicated in Maryland is a crime of opinion. The officer has the view that you are intoxicated and you and the jury have every right to disagree. The standard for intoxication in Maryland is when an individual has lost the normal use of mental or physical faculties.
There is no reliable objective measure to define exactly what “normal use”. That is why we focus on the individual. What are your normal mental faculties? Do you get nervous when questioned by the police? Do you have good balance? How it behaves under stress?
You can fight against the opinion of the officer the truth about who you are and how often. Each person has different balancing skills. Each person will act differently or look different to the stress of a DWI investigation and before the arrest.
Remember, just because an officer told him that “failed” their tests on the road, this does NOT mean he was drunk or should plead guilty.
Never accept a breath test. These tests are conducted in government laboratories, government machines. The state will never allow counsel access a breath test machine. Defense attorneys are never allowed access to the computer of a test machine , or view programming code. The struggle to keep their secret state machine. If the State is afraid to tell the truth about this machine then why should people take the breath test? I trust in state machines breath on them to do.
If you have taken a breath test should know that there are many factors that influence the result of the breath test. These machines have an “acceptable” level of error. Did you know that this machine will give a higher result the person breathe harder? The state does not want to admit how this machine is defective. I’ll be happy to tell the jury the truth about this machine breath.
DWI program execution in Maryland has reached a lower level with respect to civil liberties. Activist’s court judges have created a new law that allows officials from biting and stealing his blood.
How do we fight against the results of the blood tests? Blood tests are done in one of two places; in the hospital or at a government laboratory. If he was taken to the hospital and took blood after an accident, the state can and will take your medical records for use against you.
There may be problems in hospital tests. We’ll discuss this in detail during your consultation. The short version is that hospitals do not withdraw blood for forensic purposes. They take blood to provide them with an overview in order to meet the person.