Legal Opinion
Government of the Virgin Islands v. Carela
Supreme Court of The Virgin Islands
Decided April 6, 2001No. Crim. No. 104/2000, Crim. No. 40/2000PublishedCited by 1 opinion
1Opinion of the CourtC Abret, Presiding Judge
MEMORANDUM OPINION
(April 6, 2001)
THIS MATTER is before the Court on Defendants’ Motion to Dismiss. These combined cases involve two arrests for driving under the influence, in which the defendants separately challenge the methods used in finding they were intoxicated. The defendants argue that the Horizontal Gaze Nystagmus (“HGN”) and the Intoxilyzer 5000 (“Intoxilyzer”) tests have not been scientifically validated in the Virgin Islands and, therefore, are not valid bases for their arrests. For the reasons which follow, the defendants’ motion will be denied.
FACTS AND PROCEDURAL POSTURE
Both…
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- United States v. John W. DowningCourt of Appeals for the Third Circuit · 1985
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