HGN Video
Five mins. before the trail the DA said that he was going to show a DPS training video about HGN test. The video was not given to us in discovery nor had my Atty had a review the video before the trial. Except 5 mins before the trial started. Would this be grounds to an appeal and is it common to show this kind of video in a DWI case.
1 Answer from Attorneys
Re: HGN Video
It may be a ground of appeal, but that doesn't mean it will be successful. Relatively speaking, reversals are rare, for many reasons. Did the attorney object? Was it a bench trial or jury trial? Even if it was a violation, was it reversible error? Hard to predict. You need to file the appeal with the statutory period, and research and brief the issue, and wait for the appellate court to respond.
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