Officer stated in police report during hgn test wasn’t looking at my eyes but said he saw my head moving enough for invalid fst
This is a conversation that you should have with your attorney. Deficiencies in the application of administrative the test generally go more toward the weight of the evidence then straight admissibility. As for the HGN test this rarely is admitted into evidence in MA as the officer almost never has the required background to make the test admissible. Contact and hire an experienced DUI attorney.
This is not intended as legal advice and does not create an attorney-client relationship.
You need to retain counsel; one versed in OUI cases and the common lack of training of those administering these tests.
The foregoing is for general information purposes and does not establish an attorney-client relationship. Those seeking such a relationship are directed to the contact form on my website.
This fact will not be enough to invalidate the test per the NHTSA standards but may be useful in cross examination of the officer. You should consult an OUI lawyer.
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