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I was recently arrested for a DUI in California. I was pulled over for speeding and the officer administered the horizonal gaze nystagmus test. I refused all other field sobriety testing but did submit to a breathalyzer at the police station (.11). Since then, I have done research on the HGN test and according to the NHTSA article I found, the officer is supposed to check for equal pupil size and discontinue testing if pupils are not equal. I naturally have one pupil that is bigger than the other (my ophthalmology records mention this). So is the HGN test valid if the officer failed to note this? Can the argument be made that if the officer failed to note something so basic that he can't be expected to correctly note the nystagmus?
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