I Have Nystagmus, It Isn't from Drinking

Posted by William H. Sherman on Jun 26, 2016 | 0 Comments

Question:  I really didn't have that much to drink but I got stopped for DUI in Cobb County, Georgia, and the Cobb police officer thought I'd been drinking because I have eye problems. I have nystagmus, which I inherited from my father. The doctor said nystagmus is something that can be passed from one generation to another.

I was driving on Cobb Parkway when I was pulled over by the police. He said I was speeding and that I failed to maintain my lane. I had like two high gravity beers before I drove and I think the cop could smell the beers, but I wasn't really drunk. I felt fine to drive.

The problem was that the cop could see my eyes move and he thought that was from the booze. He even asked me about my eyes and I told him I had nystagmus and I also said I had a couple of brews.

I took all the tests and he arrested me for DUI. This is my first DUI and I'm scared that I could lose my job. Will my nystagmus really hurt me? What should I do?

K.P. Marietta, GA

Answer:  We'd like to know some more pertinent facts about your case. We'd like to know how you performed on the field sobriety tests (obviously you couldn't have done well on the horizontal gaze nystagmus segment, but we'd like to know about the other test components), and we'd like to know if you took a breath or a blood test and what the reading was.

It's certainly beneficial that you told the police officer that you suffer from nystagmus and that you can prove it with a medical diagnosis. We have had many clients who have had nystagmus for various reasons. In fact, nystagmus can be inherited or caused by many disorders, including:

  • Very high refractive error, for example, nearsightedness (myopia) or astigmatism
  • Head injury
  • Congenital cataracts
  • Inflammation of the inner ear
  • Thiamine or vitamin B12 deficiency
  • Medications such as anti-epilepsy drugs
  • Central nervous system diseases
  • Inner ear disorders such as labyrinthitis or Meniere's disease
  • Stroke

It is important that a Cobb County DUI lawyer make sure that you show the prosecutor medical evidence of your nystagmus so that the prosecutor knows that it is a medical condition that caused the nystagmus, not drinking alcohol.

About Us

Call us as soon as you get arrested for a DUI. You need real DUI lawyers who know the system to fight for your rights. Our phone number is 678-215-4106.    

Count on our experience, including having served as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney.

When you need the services of an outstanding an outstanding defense team, make attorneys William H. Sherman and Valerie W. Sherman your first choice!

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”