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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES : v. ERIC D. HORN CRIMINAL ACTION NO. 00-946-PWG : (Magistrate Judge Paul W. Grimm) : : MEMORANDUM AND ORDER At approximately 10:35 p.m. on June 28, 2000, Sergeant Eric D. Horn attempted to enter the Harford Road gate of the Army facility located at Aberdeen Proving Ground, Maryland. Officer

Daniel L. Jarrell stopped Horn's vehicle for an identification check. As a result of his observations of Horn, Jarrell

suspected that Horn was driving under the influence of alcohol, and he was detained and questioned. Three standard field

sobriety tests ("SFSTs") were administered: the "walk and turn" test, the "one leg stand" test and the "horizontal gaze

nystagmus" test.1

As a result of his performance on these tests,

Horn was charged with driving while intoxicated under Md. Code Ann., Transp. II

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Maryland Law