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Field Sobriety Test: The Eye Test

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FIELD SOBRIETY TEST:
THE EYE TEST

Horizontal Gaze Nystagmus, or more commonly known as “The eye test” is one of the three standardized field sobriety tests created by the National Highway Traffic and Safety Administration (NHTSA). 

The test was created to identify drivers who have been operating their vehicles while under the influence. 

Horizontal Gaze Nystagmus is the lateral jerking movement of the eye balls that is akin to the movement your eyes make when you sharply look far to the side using your peripheral vision.

The term “Nystagmus” is the technical term for rapid involuntary movement of the eyes. 

This occurs when there is some form of irregularity in the inner ear system of the driver. 

One stimuli that causes this movement is alcohol as it hinders your ability to fully control the mobility of your eye muscles.

“The eye test” is conducted by a police officer and is administered by the officer moving his penlight in front of the driver’s eyes about one foot away. 

The officer will ask the driver to follow the light with his or her eyes. 

While the driver is doing this, the officer examines the pupils of the driver to see the angle at which the eyes are twitching. 

If the police officer notices that your eyes are twitching at a certain angle, this is seen as a sign of having a high blood alcohol level.

Accuracy of the DWI Eye Test

The eye test is a fairly new examination, but it is also one of the most accurate. 

Unlike the one leg stand test and the walk-and-turn test, the eye test actually examines an involuntary bodily spasm that is brought about by drinking alcohol. 

It is not designed to have you fail like the other two tests. 

Aside from having a serious issue with your eyes, there is no reason why you should have Horizontal Gaze Nystagmus at all. 

The stimuli that is measured by the eye test makes it the most accurate of the three field sobriety tests, yielding an approximate 77 percent accuracy rating in detecting blood alcohol contents that exceed the legal limit.

An issue that remains prevalent with the eye test, despite its perceived accuracy rating, is the administration of the test itself by police officers. 

Officers are still called to use their own discretion in deciding whether a driver manifests the tell-tale signs of drunkenness, leaving human error as an ever constant factor, and increasing the need of skilled Houston DWI lawyers to protect those wrongfully accused.

If you or a loved one has been subjected to a field sobriety test and have taken the eye test, or you have any general questions about field sobriety tests, contact Trichter & LeGrand today for a free consultation with one of our expert criminal defense attorneys in Houston.

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Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Field Sobriety Test: The One Leg Stand

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FIELD SOBRIETY TEST:
THE ONE LEG STAND

The “one leg stand” test is one of three standardized field sobriety tests implemented and sanctioned by the National Highway Traffic Safety Administration (NHTSA). 

The test is designed to measure the body’s response and reflex to certain stimuli that are believed to manifest as a result of consuming alcoholic beverages.

Police officers administer this test by having a driver stand on one foot approximately six inches above the ground with their toe pointed forward. 

Then, the police officer asks the driver to keep their foot off the ground and count by one-thousands for 30 seconds. 

While doing this, the driver must keep their arms to their side and look down at their foot.

The way that this test is administered is innately flawed as many people who are sober are unable to keep proper balance when on one foot. 

The requested actions that make up the “one leg stand” are counter-intuitive to creating balance. 

This leads to many improper readings and could trigger an unwarranted DUI, requiring the necessity of a Houston DWI lawyer.

While you are performing the test, the administering police officer will be observing your movements to determine whether your are exhibiting any loss of balance considered to be indicative of impairment. 

The police officer will also be keeping an eye for specific indicators that are also considered to be indicative of impairment; these movements include but are not limited to:

  • Swaying while attempting to maintain balance
  • Constant hopping while trying to maintain your balance
  • Putting your foot down before the test is completed
  • Using your arms in any way to maintain your balance

The Problem with the One Leg Stand Test

The problem with the indicators used in the one leg stand test, are that they are perfectly normal reflexes when attempting to maintain balance even without the consumption of alcohol. 

It is this very reason that the test is seen as innately flawed and is designed to make people fail. 

The test also fails to accommodate for those who are elderly, have back or leg problems, people who are overweight or people who generally have poor balance.

Moreover, there is no way to really “pass” this test. 

Police officers generally overestimate the level of intoxication for drivers who voluntarily submit to the field sobriety test. 

Due to the fact that a driver is pulled over and made to prove their sober nature to a police officer, it is a given than the ordinary individual will be extremely nervous.

The fact that you don’t know how long the test is going to be is going to cause a driver to be even more nervous. 

A nervous feeling is usually accompanied by many physical manifestations such as shaking, loss of balance and sweating, all potential red flags to a police officer.

If you or a loved one has been subjected to a field sobriety test and have taken the one leg stand test, or you have any general questions about field sobriety tests, contact Trichter & LeGrand today for a free consultation with one of our expert DWI attorneys in Houston, TX.

TELL US ABOUT YOUR CASE

Your Free Consultation Is Just One Form Away!

Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Is NSA Data Mining Unconstitutional? We Think So.

Houston DWI Attorney Trichter & LeGrand Law Firm
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IS NSA DATA MINING UNCONSTITUTIONAL?

DWI Lawyer At Trichter & LeGrand Law firm

The one big thing that sets “OUR” United States apart from most other countries are “OUR” rights in what is commonly called “The Bill of Rights.”  

A cornerstone right found therein is in the Fourth and Ninth Amendment and is the “right of privacy.” 

“Our” Constitution established a “limited government” and reserved all other power to the “We the People” and to the States. 

That said, the right to privacy was a reserved right.  

It was supposed to be out of the reach of the federal government. 

That bureaucracy now says it needs to invade each our privacy rights without any reasonable belief we are engaged in wrongdoing. It says this is necessary to protect us from terrorists.

It is interesting to note that Benjamin Franklin and Thomas Jefferson (both drafters and signers of the Declaration of Independence; Jefferson was our third President) both said that any people who give up their rights for a little temporary security deserve neither.

We here at Trichter & LeGrand agree with our Founders. 

A right once wrongly lost to the government is usually lost forever. 

Moreover, there are other successful ways a limited government can act to suppress terrorists without attacking the rights of its own citizens.

This data mining effects all DWI defendants and their lawyers. 

It does so by the seizure and storage of all email between the attorney and the client. 

These communications have always been secret so as to not chill the free flow of information between the client and lawyer and vice versa. 

A client might not tell his lawyer information that could help prove innocence for fear of the government or some hacker leaking it in the future.

TELL US ABOUT YOUR CASE

Your Free Consultation Is Just One Form Away!

Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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15 simple Changes that will make America American

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15 SIMPLE CHANGES THAT WILL MAKE AMERICA AMERICAN

Trichter & LeGrand Law Firm In Houston Texas

AMENDING THE CONSTITUTION TO PROTECT OURSELVES FROM CONGRESS

Our Founding Fathers were really geniuses and very much afraid of BIG Government. 

That fear compelled their creation of many checks and balances to be built into the Constitution to protect us from the Government. 

Article V is one of those checks and provides two ways of amending the Constitution.

The first method allows Congress to initiate the amendment process by having two-thirds of both houses agree on an amendment. 

Once done, the proposal is then submitted to the States for ratification. 

When three-quarters of the States (38 of 50) approve the proposal, it automatically becomes the law of the land. 

In terms of passing an amendment that would curtail Congress’ self interest in protecting its power and benefits, the Founders realized that asking the House and Senate to do so was akin to asking the wolf to guard a herd of sheep.

Understanding that wolf hunger, human nature and the reality that Congress would try to protect itself and its power, the Founders established a safety valve amendment process. 

This second way excludes Congress from the initiation process. 

Here, this second method allows two-thirds of the States to demand that Congress call an Article V convention. 

Once done, either State Legislatures or State Delegates vote on amendments. Where three-fourths of the States (38 of 50) agree on an amendment, it becomes the law of the land. 

The law goes into effect when the 38th State ratifies it. 

No Congressional, presidential or Judicial signature or order is needed for it to take effect.

With the above in mind, we here at T & M suggest the following 15 Simple Changes that will make America American!

1 . Term Limits: no President, Senator or representative shall be elected to more than 2 terms for that office.

2. Congress’ Pay and Sequester: no member of Congress shall escape the same pay decrease when others within the government are suffering a pay cut.

3. Congress’ Benefits: no member of Congress shall have any greater health insurance coverage than any comparable and regular federal employee.

4. The Rights reserved by the Amendments are to be preserved and not violated. If a Right has been violated, there will NOT be any circumstances that excuse the violation. No evidence obtained by violating a person’s constitutional rights is admissible in any criminal or civil trail.

5. No person shall be compelled to give any type of evidence against themselves, absent judicial authorization, based on a sworn affidavit establishing proof by preponderance.

6. No person shall be denied assistance of counsel when detained by a law enforcement representative.

7. All persons shall be annually taxed at a flat rate of 10% of their income.

8. All persons receiving welfare, absent a medical waiver, must work through a Work Project’s Administration in order to continue receiving assistance.

9. All  persons, at age 18, are to serve in the armed services, for a minimum  period of 4 years.

10. The Government is prohibited from annually spending more money then it is budgeted to receive.

11.  Federal judges do not serve for life. A judge can serve for one 12 year term on each level appointed.

12. Veterans health care  and benefits shall be at least the same as that received by Congress.

13. Only persons, under the age of 65 and who pay their required income taxes, can vote. All military, past and present, can vote.

14. All congressional representatives cannot raise $ for campaigning. Every person wanting to run for office must obtain a certain % of supporting signatures from the population where they reside. Once a candidate obtains the requisite number of signatures, they will receive federal campaign funds. No private funds can be spent and  all candidates can only spend the same amount.

15. All of Congress and the President shall take this new oath office:

I , _____________, swear that I have read and fully understand the Declaration of Independence, the Bill of Rights, and the Constitution. As a representative of the People, I promise to uphold and defend the Unalienable Rights of the People and the Constitution of the United States. Moreover, I swear and promise that I will always chose the needs of the People over the wants of a political party.

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Your Free Consultation Is Just One Form Away!

Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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What is the definition of an American Citizen?

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WHAT IS THE DEFINITION OF AN AMERICAN CITIZEN?

Trichter & LeGrand DWI Lawyers

Interestingly, the Texas Court of Criminal Appeals on 9/11/133, 9/11’s 12th anniversary, gave approval to a definition that describes the characteristics of the American Citizen. 

In a case styled State of Texas v. Christopher James Wade, where nervousness and a refusal to cooperate were deemed insufficient facts to justify a detention or frisk, the CCA  said:

“Who, then, is the American ‘reasonable person’ when it comes to police interactions? 

A review of the case law above provides some characteristics. 

He is someone who knows his rights and feels free to exercise them. 

He is not intimidated by the police, whether they are alone or in a group, in uniform or in plain clothes. 

He knows that when questioned, he can refuse to answer, and when asked for identification, he can decline to comply. 

He always feels free to end the encounter even if physically constrained by his surroundings and even if the police persist in their attempts to engage him in conversation. 

He rests secure in the knowledge that no physical harm will result and that the police cannot legally draw an inference of criminality from his refusal to cooperate. 

In short, he regards an encounter with police as no different from one with a panhandler on the street, a religious proselytizer at his doorstep, or a Hare Krishna in the airport.”

Well, now we know the approved Texas judicial definition of who we are as Americans. 

To me, the CCA could have shortened the description to say ” people who act like John Wayne and Clint Eastwood”.  

I wonder if anyone will now tell the police who we Americans are? 

What do you think?

TELL US ABOUT YOUR CASE

Your Free Consultation Is Just One Form Away!

Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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