State v. Helms, 348 N.C. 578

Jul 09, 1998

OUTCOME: The court reversed the judgment of the Court of Appeals.

Appellant challenged his conviction of driving while impaired in violation of N.C. Gen. Stat. § 20-138.1. He contended that the trial court erred by admitting into evidence the results of a horizontal ... gaze nystagmus (HGN) test without the establishment of a proper foundation. Appellant contended further that the HGN test was a scientific test requiring expert testimony as to its reliability. The court of appeals held that the state failed to lay a proper foundation at trial for admission of the HGN test results but found the error harmless. The court agreed on the admissibility of the HGN test results but reversed on the issue of harmless error. The HGN test was a scientific test requiring a proper foundation to be admissible. It was based on an underlying scientific assumption that a strong correlation existed between intoxication and nystagmus. Because that assumption was not within the common experience of jurors, the court held that before HGN evidence was heard by a jury there must have been testimony as to the techniques used by the police officer and the officer's qualifications to administer and interpret the test.