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STATE v. QUAALE

No. 30933-9-III.

312 P.3d 726 (2013)

177 Wn. App. 603

STATE of Washington, Respondent, v. Ryan Richard QUAALE, Appellant.

Court of Appeals of Washington, Division 3.

November 7, 2013.

Attorney(s) appearing for the Case

Eric J. Nielsen , Dana M. Nelson , Nielsen Broman & Koch PLLC, Jennifer L. Dobson , Attorney at Law, Seattle, WA, for Appellant.

Mark Erik Lindsey , Andrew J. Metts, III , Spokane County Prosecuting Attorneys, Spokane, WA, for Respondent.

SIDDOWAY, A.C.J.

¶ 1 At issue is whether Ryan Quaale was denied his right to a fair trial when the State's witness, an arresting trooper, testified to his opinion based on a horizontal gaze nystagmus (HGN) test performed in the field that there was "no doubt" Mr. Quaale was impaired from alcohol consumption. Given the type of witness involved, the nature of the testimony, and the limits that our Supreme Court placed on opinions that may be expressed from HGN...

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