STATE v. HELMS

No. 468PA97.

504 S.E.2d 293 (1998)

345 N.C. 578

STATE of North Carolina v. Bobby Neal HELMS.

Supreme Court of North Carolina.

August 5, 1998.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Isaac T. Avery, III, Special Deputy Attorney General, and Jonathan P. Babb, Assistant Attorney General, for the State-appellant and -appellee.

Shawna Davis Collins, Monroe, for defendant-appellant and-appellee.


FRYE, Justice.

Defendant appealed his conviction of driving while impaired in violation of N.C.G.S. § 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. Defendant contended that the HGN test is a scientific test requiring expert testimony as to its reliability. The Court of Appeals agreed that the State failed to lay a proper foundation...

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