Got Probable Cause for Impaired Driving?
Two recent North Carolina Court of Appeals opinions help delineate when an officer has probable cause to believe a driver is driving while impaired. In each case, the court of […]
July 19, 2017
State v. Younts: Rule 702 Does Not Require Proof that HGN Testing is Reliable
Folks, we have an answer. The court of appeals held yesterday in State v. Younts, ___ N.C. App. ___ (2017), that a law enforcement officer trained to administer a Horizontal […]
June 14, 2017
State Supreme Court Issues Significant Rulings on HGN Evidence and Blood Draws in DWI Cases
Two of last week’s opinions from the North Carolina Supreme Court address significant legal issues arising in impaired driving cases. In State v. Godwin, the supreme court reversed the court […]
August 31, 2016
HGN, the Rules of Evidence and Suppression Hearings
True or False: An officer does not have to be qualified as an expert to testify about horizontal gaze nystagmus in a hearing on a motion to suppress in an […]
August 25, 2016
When May Evidence of HGN Come on Down . . . or In?
The question I am most frequently asked these days is some version of the following: May a law enforcement officer trained in administering the HGN test testify at trial about […]
April 27, 2016
Only Experts Can Testify About HGN
Author’s note: I added the conclusory paragraph at the end of this post shortly after its initial publication in response to helpful questions from readers about the significance of State […]
April 23, 2015
Nystagmus in the Courts
Jurisprudence over whether officers may testify about defendants’ horizontal gaze nystagmus (HGN) in impaired driving trials has failed to follow a smooth path. In fact, one could fairly note that […]
July 1, 2014
Daubert and Expert Testimony of Impairment
With the amendment of Rule 702 of the North Carolina Rules of Evidence in 2011, North Carolina became a Daubert state. That change means that trial judges in this state, […]
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