Schwindt v. Sorel

Citations

• 942 N.W.2d 849
• 2020 ND 92

Syllabus

Other factors may cause a horizontal gaze nystagmus test to be unreliable, including physiological causes for nystagmus, but those factors go to the weight of the evidence and not its admissibility. Whether a driver refused to take a chemical test is a question of fact.