Originally posted by: tweakmm
So does the HGN and VGN stuff hold up in court? What if you were doing drugs and the only sign of intoxication was a failed VGN? That is crazy that the movement of your eyes can have so much legal weight.
The court will consider the totality of the circumstances and evidence presented. Any individual test is just 1 element in proving that a crime did infact occur.
The officer in this case would testify that the underage individual came ouf tthe club and admitted to doing so, smelled of alchohol, had alchohol on his shirt, probably exhibited slurred speech, other behaviors indicative of alchohol, and can top it off with the HGN test.
Totality of circumstances.