Does nystagmus from the medication neurontin present in the same way as nystgamus might present in alcohol consumption?
2 attorney answers
Yes. Clearly this is something that needs to be addressed in a motion to suppress or at trial.
Edward J. Blum
The bigger question is can the officer answer this question?
There are dozens of causes of nystagmus. Physicians don't pretend that they can absolutely distinguish between them. Yet officers, with a 24 hour course in Field Sobriety Testing (FST), claim that they are experts in this. In fact, of the 24 hours, only about 3-4 of them are spent on nystagmus.
A qualifed DUI defense attorney can cross examine an officer on this issue so that the jury will recognize the bogus science that is the FST's.
Please consult with local counsel ASAP to explain your situation. There are many attorneys in your area that can be found through this website.
Best of luck.