APPENDIX K

PREDICATE QUESTIONS

OPTOMETRIST


The testimony of an optometrist will be essentially the same whether at the evidentiary hearing or at trial. Review questions carefully in advance to determine which questions are applicable to your expert. In addition, the witness may suggest questions that should be asked, particularly if he has testified on other cases.

1. Please state your name for the record.

2. What do you do for a living?

3. What education is required for your profession?

4. Where did you go to undergraduate school?

5. What was your course of study?

6. Where did you go to optometry school?

7. Please tell the court about the curriculum in optometry school.

8. Did any of your course work involve the effects of alcohol on the central nervous system?

9. Describe that training.

10. Have you had additional professional training after optometry school on the effects of alcohol on the central nervous system?

11. Please describe that training.

12. Did you learn specifically about the effects of alcohol on eye movements?

13. Where are you employed?

14. What are your specific duties?

15. Does one have to be licensed as a optometrist?

16. By whom are you licensed?

17. Are you a medical doctor?

18. How does an optometrist differ from an ophthamologist?

19. Do you belong to any professional organizations?

20. What are those organizations?

21. Have you received any professional recognition or awards from any of these organizations?

22. Have you done any clinical research into the effects of alcohol and/or other drugs on the central nervous system?

23. Has any of your research focused on the effect of alcohol on eye movements?

24. Have you published the results of your research?

25. Where has it been published?

26. Is that a "peer reviewed" journal?

27. What does it mean to be published in a "peer reviewed" journal?

28. In addition to your research results, have you published other articles?

29. Where have they been published?

30. Are these "peer reviewed" journals?

31. Are you affiliated with any teaching institutions?

32. Please tell the court what those are.

33. Are you involved in any consulting work?

34. What do you consult on?

35. How long have you been doing consulting?

36. Have you lectured on the effects of alcohol and/or drugs on eye movements?

37. To whom have you lectured?

38. When was that?

(If you have not already done so, it would be appropriate to move the court to recognize the witness as an expert.)

39. Are you familiar with the term nystagmus?

40. What is nystagmus?

41. Is nystagmus a topic that is covered in the literature relevant to the field of optometry?

42. Is nystagmus a newly discovered phenomenon?

43. Do you check for nystagmus in your practice?

44. Why?

45. What causes nystagmus?

46. How long has it been known that alcohol consumption causes nystagmus?

47. Are there other types of nystagmus?

48. Can they be distinguished from alcohol caused nystagmus?

49. Is nystagmus a phenomenon that occurs naturally in some people?

50. About what percentage of the population would have a naturally occurring nystagmus?

51. Can a person familiar with nystagmus distinguish alcohol induced nystagmus from a naturally occurring nystagmus?

52. How do you test for nystagmus in your profession?

53. To what extent does alcohol consumption affect nystagmus?

54. Is it accurate to say that the more alcohol that is consumed the more pronounced the nystagmus?

55. Is it difficult for someone to administer this test?

56. Does it require medical training to administer and interpret the results of a test for nystagmus?

57. Are there other drugs which cause nystagmus?

58. Would these also be drugs that impair a person's ability to drive?

59. Why do alcohol, central nervous system depressants, inhalants, and PCP cause nystagmus?

60. Are you familiar with the field sobriety test used by police officers known as horizontal gaze nystagmus?

61. What is horizontal gaze nystagmus?

62. How did you become familiar with this test?

63. What is the purpose for administering this test?

64. Have you seen police officers give this test?

65. Under what conditions?

66. Is the HGN test given by police officers similar to the test you use in your profession to test for nystagmus?

67. Do you have an opinion about whether a police officer can be trained to accurately administer and interpret the HGN test results?

68. What is that opinion?

69. On what is that opinion based?

70. What is meant by a "lack of smooth pursuit"?

71. Why would a lack of smooth pursuit be an important observation?

72. What is "maximum deviation"?

73. Is there any significance to the presence of nystagmus at maximum deviation?

74. What is meant by the "angle of onset"?

75. Why is it important to determine an angle of onset?

76. Is it accurate to say that the earlier the angle of onset, the higher the suspect's blood alcohol level is likely to be?

77. Is it difficult to determine an angle of onset?

78. Can a person voluntarily control nystagmus?

79. Does a person know when they have alcohol induced nystagmus?

80. Do contact lenses affect the results of the HGN test?

81. Does poor eyesight affect the ability to do the HGN test?

82. Do you have an opinion as to whether the presence of nystagmus is a reliable indicator of the use of a central nervous system depressant, such as alcohol?

83. What is that opinion?

84. Upon what is that opinion based?

85. Are you aware of any scientific publications that state there is no correlation between alcohol consumption and the presence of nystagmus?

86. Are you a member of the American Optometric Association?

87. What is that organization?

88. Are you familiar with the 1993 resolution "Horizontal Gaze Nystagmus as a Field Sobriety Test" passed by the House of Delegates of the American Optometric Association?

89. Is this a copy of the resolution?

90. Please read it to the court.