DUI and HGN Case Overturned Florida Attorney Lawyer

DUI Tampa Attorney Reports - A Florida Court ruled it was error for arresting officer to give opinion testimony about Horizontal Gaze Nystagmus HGN test results. Appeals court ruled that testimony about HGN test required a qualified expert witness. The Court decided that the Prosecutor made the HGN a feature of its opening statement and closing argument, the Prosecutor did not prove defendant's blood alcohol level or offer any other scientific evidence that defendant was under influence of alcohol at time of accident to extent that his normal faculties were impaired.

Source: 33 Fla. L. Weekly D1430a

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