Witnesses Need To Qualify As Experts To Testify On Test Results, Panel Holds
(April 20, 2016, 11:20 AM EDT) -- RALEIGH, N.C. — A witness is required to be qualified as an expert before he may testify to the issue of impairment related to horizontal gaze nystagmus (HGN) test results under North Carolina Rule of Evidence 702(a1), the North Carolina Court of Appeals ruled April 19 (State of North Carolina v. William Edward Godwin, III, No. COA15-766, N.C. App.; 2016 N.C. App. LEXIS 428).
(Opinion available. Document #30-160513-005Z.)
The panel of Judges Donna S. Stroud, Richard Dietz and Rick Elmore found that Judge Gary M. Gavenus...