White v. Miller (Signed Opinion)
Annotate this CaseAfter police officer stopped motorist Joe White at a sobriety checkpoint and directed White to perform a horizontal gaze nystagmus test, the officer arrested White for driving under the influence of alcohol. The Commissioner of the West Virginia Division of Motor Vehicles revoked White's license to operate a motor vehicle for six months, and the circuit court affirmed. White appealed, challenging the admissibility of the horizontal gaze nystagmus test as an indicator that he was intoxicated and the lawfulness of the sobriety checkpoint. The Supreme Court reversed, holding (1) the evidence concerning the horizontal gaze nystagmus test as a field sobriety test was admissible; but (2) White was entitled to a new administrative hearing based upon his challenge to the sobriety checkpoint, as the finding of the Commissioner that the checkpoint was set up in accordance with standardized guidelines was clearly wrong. Remanded.
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