THE HGN Test can not be used to convict a defendant in any capacity of a DWI

September 2, 2019

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. The Police and the court can not use the “Pen test” (HGN) to  convict a defendant of DWI.  A trial court judge can not use any evidence derived from the HGN as evidence of anything under any “Totality of the Circumstances” evaluation of the evidence. In this…