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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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