State (KS) v. Witte - non-alcohol related causes of HGN
As promised in the seminar the other day. The excerpt from this case lists many causes of HGN. It was State v. Witte out of Kansas.
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State v. Witte. 251 Kan. 313, 836 P.2d 1110 (Kan. 07/10/1992) (it is a Kansas case).
| In addition to intoxication, many other factors can cause nystagmus. |
| “Nystagmus can be caused by problems in an individual’s inner ear labyrinth. In fact, irrigating the ears with warm or cold water, not a far-fetched scenario under particular weather conditions, is a source of error. Physiological problems such as certain kinds of diseases may also result in gaze nystagmus. Influenza, streptococcus infections, vertigo, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff’s Syndrome, brain hemorrhage, epilepsy, and other psychogenic disorders all have been shown to cause nystagmus. Furthermore, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. The consumption of common substances such as caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption.” Pangman, 2 DWI Journal at 3.
See Rouleau, 4 Am. Jur. Proof of Facts 3d 439 § 9. Temporary nystagmus can occur when lighting conditions are poor. Rouleau, 4 Am. Jur. Proof of Facts 3d 439 § 9, p. 456. |
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