Another vehicle was in his blind spot and passing in the right lane. A Georgia State Patrol Trooper stopped the driver on the side of I-20. The trooper testified the client had slurred speech but the video did not reveal a slur.
The driver exited, walked, produced his license all without indicating any signs of impairment from alcohol. The Client did not visibly sway while speaking to the officer on video., The trooper that he did sway. A horizontal Gaze Nystagmus test was performed. Questioning of the trooper on the witness stand showed that the HGN was not performed according to the national standards or the Trooper’s training. Cross-examination of the Trooper indicated that the HGN was only 77% accurate. The walk and turn and one-leg stand were poorly performed but the state could not prove a connection to the alcohol he consumed. The client’s initial roadside test indicated positive for alcohol consumption. The Client refused to take a state administered test of his breath. After reviewing the video, the Jury came back NOT GUILTY ON THE DUI and guilty of the failure to maintain the lane. Defendant paid a $200.00 fine.