Mimi Coffey | Attorney at Law

DWI Common Courtroom Mistruths Jurors don’t realize that most police officers and prosecutors have no idea what they are really talking about when it comes to HGN and breath testing in the courtroom. Cops take a 24 hour NHTSA course and walk away thinking if the government sponsors this it must be right. The truth is there is very little science to the HGN (don’t get me started on the rest of the circus acts). I will address two very common mistruths. 1. Can caffeine and fatigue cause HGN ? Cops always answer no. They are wrong . There are 38 cited causes for HGN they have been recognized by the courts: “They include: (1) problems with the inner ear labyrinth; (2) irrigating the ears with warm or cold water under peculiar weather conditions; (3) influenza; (4) streptococcus infection; (5) vertigo; (6) measles; (7) syphilis; (8) arteriosclerosis; (9) muscular dystrophy; (10) multiple sclerosis; (11) Kerchiefs syndrome; (12) brain hemorrhage; (13) epilepsy; (14) hypertens