HGN test in Alabama

1991Specifically, the appellant contends “that the ‘science’ of HGN is not far enough advanced to permit it to run rampant in the courtroom by a trooper whose only exposure to the same is a ‘training program.’ ” In the two companion cases of Ex parte Malone, 575 So.2d 106 (Ala.1990), and Ex parte Sides, 574 So.2d 859 (Ala.1990), our Supreme Court held, essentially, that the State’s failure to lay a proper predicate establishing either the HGN test’s reliability or the scientific principles upon which it is based, effectively precludes the admission of the test results into evidence, and that the a

1991Specifically, the appellant contends “that the ‘science’ of HGN is not far enough advanced to permit it to run rampant in the courtroom by a trooper whose only exposure to the same is a ‘training program.’ ” In the two companion cases of Ex parte Malone, 575 So.2d 106 (Ala.1990), and Ex parte Sides, 574 So.2d 859 (Ala.1990), our Supreme Court held, essentially, that the State’s failure to lay a proper predicate establishing either the HGN test’s reliability or the scientific principles upon which it is based, effectively precludes the admission of the test results into evidence, and that the a

1997"In a case somewhat similar to this one, Malone v. City of Silverhill, 575 So.2d 101 (Ala.Cr.App.1989), involving a prosecution for driving under the influence of alcohol, the Court of Criminal Appeals held that the erroneous admission of the results of an `HGN' test without a proper predicate was harmless error because there was other overwhelming evidence of guilt.

1997"In a case somewhat similar to this one, Malone v. City of Silverhill , 575 So.2d 101 (Ala.Cr.App. 1989), involving a prosecution for driving under the influence of alcohol, the Court of Criminal Appeals held that the erroneous admission of the results of an 'HGN' test without a proper predicate was harmless error because there was other overwhelming evidence of guilt.

1991Specifically, the appellant contends “that the ‘science’ of HGN is not far enough advanced to permit it to run rampant in the courtroom by a trooper whose only exposure to the same is a ‘training program.’ ” In the two companion cases of Ex parte Malone, 575 So.2d 106 (Ala.1990), and Ex parte Sides, 574 So.2d 859 (Ala.1990), our Supreme Court held, essentially, that the State’s failure to lay a proper predicate establishing either the HGN test’s reliability or the scientific principles upon which it is based, effectively precludes the admission of the test results into evidence, and that the a

1991Specifically, the appellant contends “that the ‘science’ of HGN is not far enough advanced to permit it to run rampant in the courtroom by a trooper whose only exposure to the same is a ‘training program.’ ” In the two companion cases of Ex parte Malone, 575 So.2d 106 (Ala.1990), and Ex parte Sides, 574 So.2d 859 (Ala.1990), our Supreme Court held, essentially, that the State’s failure to lay a proper predicate establishing either the HGN test’s reliability or the scientific principles upon which it is based, effectively precludes the admission of the test results into evidence, and that the a

2016See Cumbie v. City of Montgomery, 703 So.2d 423 (Ala.Crim.App.1997)(holding that because the evidence of the appellant’s intoxication, even without the evidence provided by the HGN test, was overwhelming, any error in the admission of the HGN test was harmless beyond a reasonable doubt); see Rule 45, Ala. R.App.

2016See Cumbie v. City of Montgomery, 703 So.2d 423 (Ala.Crim.App.1997)(holding that because the evidence of the appellant’s intoxication, even without the evidence provided by the HGN test, was overwhelming, any error in the admission of the HGN test was harmless beyond a reasonable doubt); see Rule 45, Ala. R.App.

2012That Court reversed the Court of Criminal Appeals, disagreeing that the error in admitting the HGN test “did not require reversal of Malone’s conviction because the other evidence supporting his conviction was ‘overwhelming.’ 575 So.2d at 105.” Citing Ex parte Lowe, 514 So.2d 1049, 1050 (Ala.1987), the Alabama Supreme Court held: “‘[T]he proper inquiry here is not whether evidence of the defendant’s guilt is overwhelming but, instead, whether a substantial right of the defendant has or probably has been adversely affected....

2012That Court reversed the Court of Criminal Appeals, disagreeing that the error in admitting the HGN test “did not require reversal of Malone’s conviction because the other evidence supporting his conviction was ‘overwhelming.’ 575 So.2d at 105.” Citing Ex parte Lowe, 514 So.2d 1049, 1050 (Ala.1987), the Alabama Supreme Court held: “‘[T]he proper inquiry here is not whether evidence of the defendant’s guilt is overwhelming but, instead, whether a substantial right of the defendant has or probably has been adversely affected....

1997A North Dakota case, City of Fargo v. McLaughlin, 512 N.W.2d 700, 703-708 (N.D.1994), contains an excellent discussion of the split of authority on this issue and holds that HGN test is no more scientific than the other field sobriety tests and does not require expert testimony as to scientific validity.

1997A North Dakota case, City of Fargo v. McLaughlin , 512 N.W.2d 700 , 703-708 (N.D. 1994), contains an excellent discussion of the split of authority on this issue and holds that HGN test is no more scientific than the other field sobriety tests and does not require expert testimony as to scientific validity.

1989In State v. Superior Court In and For Cochise County, 149 Ariz. 269 , 718 P.2d 171, 173 (1986), the court explained that the HGN test is administered by police officers as follows: "In the HGN test the driver is asked to cover one eye and focus the other on an object (usually a pen) held by the officer at the driver's eye level.

1989In State v. Superior Court In and For Cochise County, 149 Ariz. 269 , 718 P.2d 171, 173 (1986), the court explained that the HGN test is administered by police officers as follows: "In the HGN test the driver is asked to cover one eye and focus the other on an object (usually a pen) held by the officer at the driver's eye level.

1989See also Commonwealth v. Miller, 367 Pa.Super. 359 , 532 A.2d 1186 (1987) (testimony of police officer, whose only specialized training in the area was a two-day course on correct use of HGN test and other field sobriety tests, was inadequate foundation to show that the scientific principles upon which the HGN test is based are accepted in the scientific community, so *105 as to make testimony of the officer concerning the results of test performed on motorist inadmissible).

1989See also Commonwealth v. Miller, 367 Pa.Super. 359 , 532 A.2d 1186 (1987) (testimony of police officer, whose only specialized training in the area was a two-day course on correct use of HGN test and other field sobriety tests, was inadequate foundation to show that the scientific principles upon which the HGN test is based are accepted in the scientific community, so *105 as to make testimony of the officer concerning the results of test performed on motorist inadmissible).

1989Interestingly, in Estes , the Alabama Supreme Court denied certiorari, but observed the following: "In denying this writ, we point out that we do not necessarily agree with the Court of Criminal Appeals' holding on `harmless error.'" Estes v. State, 358 So.2d 1057, 1058 (Ala.1978).

1989Interestingly, in Estes , the Alabama Supreme Court denied certiorari, but observed the following: "In denying this writ, we point out that we do not necessarily agree with the Court of Criminal Appeals' holding on `harmless error.'" Estes v. State, 358 So.2d 1057, 1058 (Ala.1978).

1989See also People v. Vega, 145 Ill.App.3d 996 , 99 Ill.Dec. 808 , 496 N.E.2d 501 (1986) (testimony of state trooper who stopped defendant concerning validity of HGN test to determine alcohol impairment provided inadequate foundation for admission of results).

1989See also People v. Vega, 145 Ill.App.3d 996 , 99 Ill.Dec. 808 , 496 N.E.2d 501 (1986) (testimony of state trooper who stopped defendant concerning validity of HGN test to determine alcohol impairment provided inadequate foundation for admission of results).