The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

counsel to answer more questions. The area of attacks might include a potential for bias
on your part, your familiarity with published studies attacking HGN, your unfamiliarity
with the defendant in this case, and the claim that a certain percentage of the population
has naturally occurring HGN. Always answer truthfully. REMEMBER: This case is not
about HGN to the exclusion of all other indications of impairment. HGN is one factor to
consider in the totality of all the evidence.
MEDICAL PERSONNEL
Some impaired-driving cases may include additional witnesses from the medical
profession: emergency medical technicians (EMTs), nurses, doctors, or even medical
examiners (MEs) and forensic pathologists. As with other expert witnesses, if called to
testify, medical personnel will be asked to describe their professional training and
experience before discussing the specifics of their role in this case.
EMTs, nurses, and doctors can all expect to describe their observations of the
defendant and/or victim(s) at or near the time of the incident:
Defendant:
• What were his responses to your questions and directives—were they
coherent and appropriate?
• What did he say and how did he say it (slurred, slow, rapid, difficult to
understand due to speech pattern or rambling word choice)?
• Was there any indication of alcohol and/or drug ingestion? Provide details.
• Was there any indication of head trauma—pupil reaction, etc.?
• What was the defendant’s physical appearance—injuries, lack of injuries,
bleeding, vomiting, urinating on himself, neat or disheveled appearance,
clothing appropriate/inappropriate for weather conditions?
• Was the defendant combative or cooperative?
• If there were injuries, please describe the degree and probable cause (e.g.,
head lacerations – due to striking the windshield – which required
numerous stitches).
Injured Victim:
• What were his responses to your questions and directives—were they
coherent and appropriate?
• If not, any indication of head trauma?
• What was the degree and probable cause of injuries (e.g., broken ribs due
to impact with steering wheel)?
• What was the nature and extent of medical treatment, including prognosis?
The crime of vehicular assault may require a showing of the seriousness of the
injuries sustained by the victim. In some States, the seriousness of the injury will directly
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