MA Police Training Manual - OUI Stop Field Sobriety Tests
(3) Resting Nystagmus is referred to as
a jerking of the eyes as they look straight ahead. Its presence usually
indicates a pathology or high doses of a drug such as PCP. If detected, take
precautions. (OFFICER SAFETY.)
3. Nystagmus may also he caused by certain pathological
disorders. They include brain tumors and other brain damage or some diseases
of the inner ear. These pathological disorders occur in very few people and in
even fewer drivers.
Medical Impairment
The examinations that you can conduct to assess
possible medical impairment include:
- Resting Nystagmus
- Tracking ability
- Pupil size
PROCEDURES
Procedures to Assess Possible Medical
Impairment
Prior to administration of HGN, the eyes are
checked for equal tracking (can they follow an object together) and equal pupil
size. If the eyes do not track together, or if the pupils are noticeably unequal
in size, the chance of medical disorders or injuries causing the nystagmus is
present. Resting Nystagmus may be observed at this time.
Attorney Note: Though many police offices still routinely
perform the Horizontal
Gaze Nystagmus field sobriety test, it has been ruled as inadmissible as evidence in OUI cases. -RJM Procedures of Horizontal Gaze Nystagmus
Testing: The Three Clues
The test you will use at roadside is
“Horizontal Gaze Nystagmus”—an involuntary jerking of the eyes occurring
as the eyes gaze toward the side. Some jerking will be seen if the eyes are
moved far enough to the side.
- The Lack of Smooth Pursuit (Clue Number One)—The
eyes can be observed to jerk or “bounce” as they follow a smoothly
moving stimulus, such as a pencil or penlight. The eyes of an unimpaired
person will follow smoothly, i.e., a marble rolling across a smooth pane of
glass.
- Distinct Nystagmus At Maximum Deviation
(Clue Number Two)—Distinct nystagmus will be evident when the
eye is held at
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