Compton v. State

In Compton v. State, 120 S.W.3d 375, 378 (Tex. App.-Texarkana 2003, pet. ref'd), the investigating officer performed the smooth pursuit portion of the HGN test in eleven seconds instead of sixteen and the maximum deviation in nineteen seconds rather than thirty-two. The court found that this did not render the test inadmissible, noting that the manual provides approximations of the time required to properly administer the test and that, for the maximum deviation test, any variation in the time taken to appropriately position the eye would have no effect on the reliability of the test. Id. at 378-79.