Pen Tests Go Wrong, Even When Officers Do Them Right
The Pen Test is the first of a series of so-called "field sobriety tests," and is also called the horizontal gaze nystagmus test; a driver typically endures
this test at the roadside and is also commonly called the "HGN" or
"Gaze" test. This is performed by the officer holding a pen or his
finger about a foot from the driver's face, while waving it slowly
from side to side several times. The officer typically tells the
driver to stand with feet together with arms by your side, and
to follow his pen with eyes only (in other words, don't move your
head).
The police are trained to call their pen a "stimulus" in order
to make the exercise sound more scientifically reliable than it is.
It is designed to check for a "jerking of the pupils" during the pen
wavings back and forth. Most drivers assume they've passed "The Pen
Test" because they complied with the officer's instructions to hold their
head still.
However, contrary to assumption; any minor jerking of the
pupils can be caused by hundreds of reasons other than alcohol or
drug consumption, and will ultimately cause any driver to fail this
test. One thing to watch out for just before you unintentionally
oblige to "The Pen Test" is a request by the police to "check your
eyes". This sounds pretty innocuous, but it is really just a way to
get you to comply with the "The Pen Test" which you CANNOT be forced
to do.
YOU CANNOT BE FORCED TO SUBMIT TO THE PEN TEST OR ANY OTHER "FIELD SOBRIETY TESTS" AT THE ROADSIDE!!!!
Call Attorney Mark Stevens to discuss your case and set up a free
consultation and initial case evaluation. Attorney Mark Stevens is
admitted to practice in all Courts in New Hampshire and
Massachusetts. The Law Office of Mark Stevens is located at 5 Manor
Pkwy. Salem, N.H. Attorney Stevens is available 24/7. Call now to set
up your free consultation and discuss your case. 603-893-0074 or visit
us at NHCrime.com to request an appointment. The consultation request
is located at the bottom of the page on www.NHCrime.com.
We look forward to speaking with you,
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