Feburary 3, 2016 This week in Gay Palm Springs

Continued from page 43
a clue as this mean nothing as many people
will exhibit nystagmus at or after the 45
degree point, even with having no alcohol in
their system. This is why when observing if
a subject has nystagmus at maximum deviation
(clue #2 discussed in my last article) it
is essential to make sure that the nystagmus
is distinct and sustained for a minimum of
4 seconds. Many alcohol free persons may
have it for 1 or 2 seconds.
Also the timing is again important when
conducting this part of the test. The speed
of moving the stimulus slowly - the rate
of 4 seconds from center of face to tip of
shoulder - is important because studies have
shown that if the officer moves the stimulus
too fast, the officer will actually induce or
cause the nystagmus to occur. If the officer
causes the nystagmus by moving the
stimulus too fast, any conclusions from his
observations (that the nystagmus is caused
by alcohol or drugs in the body) is compromised.
In addition, it is essential that the officer
perform two complete passes for each eye as
the second pass allows the officer to confirm
what he saw on the first pass to eliminate the
possibility of a false positive.
Next week, more discussion on the interpretation
of the three clues of the Horizontal
Gaze Nystagmus Test. Attorney Manuel J.
Barba can be reached at 760-770-3377. For
more information visit www.PalmSprings-
DUI.com.
Manuel Barba
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