Scientific research, not field experience, will guide the evidence in a driving under the influence case before Seventh Circuit Judge A.P. "Pete" Fuller.

Fuller described the case as the most interesting criminal case he has heard in his six years as a judge.

Redd Star Fox Horn of Rapid City was arrested during a traffic stop in May and charged with driving under the influence after a field sobriety test. A cold can of computer cleaning spray was found in his car during the stop, indicating recent use.

Horn's car was stopped after someone complained to police that he was driving erratically.

Fuller told prosecution and defense attorneys to bring him scientific research and case law on the effect inhaling computer cleaning spray can have on a driver. He also wants the legal finding to support the probable cause for the arrest.

At an evidentiary hearing Monday, Horn's attorney, Tom Diggens, questioned the accuracy and validity of a field sobriety test the arresting officer administered.

Rapid City policeman Jimmy Higgens arrested Horn after he allegedly failed a field sobriety test, appearing unbalanced and his eyes involuntarily jerked during a "horizontal gaze nystagmus" test.

The exam involves following movement of an object. Eye movement in a sober person is different than for someone under the influence, according to the National Highway Transportation Safety Administration.

Fuller said he had not seen scientific evidence that ingesting an inhalant has an intoxicating effect detectible with a field sobriety test.

Higgens will not be allowed to testify about the field sobriety test without the evidence, Fuller said.

Fuller reminded the attorneys that a state statute defining driving under the influence was recently revised to include inhalants. Inhaling was added to the 2006 Legislature.

The judge's action comes as inhalant abuse, or huffing, has somewhat declined in arrest cases, according to Sgt. Sue Fox of the Rapid City Police Department's traffic division.

But, the city has a long history of huffing causing traffic accidents.

"What's different about it is that it leaves people completely unaware of what they're doing for a small amount of time," Fox said.

Contact Andrea Cook or andrea.cook@rapidcityjournal.com at 394-8423.