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By Brice Van Elswyk
Founding Attorney

This matter came for hearing on January 2, 2018 and March 15, 2018, on the Defendant’s Motion in Limine. The Court has considered the Motion in Limine, the evidence adduced at the hearings, arguments of counsel and has been otherwise advised in the premises. The Curth makes the following findings of fact and conclusion of law.

In the Motion in Limine, the Defendant argue that pursuant to section 90.702 of the Florida Statutes and Daubert v. Merrell Dow Pharm. Inc., 509 US 579 (1993), testimony at trial regarding the Horizon Gaze Nystagmus exercise (“HGN”) is inadmissible because it is not based upon reliable methods and principles.

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About the Author
Brice Van Elswyk started his professional career as an investment banker in 1998. Over the next 14 years, Brice worked for several international investment banks, eventually specializing in structured products with complex tax, accounting, and regulatory capital constraints.While at the State Attorney’s Office, Brice prosecuted crimes ranging from misdemeanors such as DUI’s and domestic batteries, all the way to homicide, drug trafficking and sex crimes. Most recently, Brice was a specialty prosecutor focusing on capital sex crimes and crimes against children. Now, Brice combines his vast knowledge of finance, and his extensive experience as a trial attorney to serve clients in both criminal defense and civil matters.