"For testimony concerning a defendant's performance on the HGN test to be admissible, it must be shown that the witness testifying is qualified as an expert on the HGN test, specifically concerning its administration and technique."
Emerson v. State, 880 S.W.2d 759, 769 (Tex. Crim. App. 1994); 50 TEX PRACTICE § 6:6 ("Testimony concerning HGN is scientific evidence, and its admissibility is governed by Kelly and the Texas Rules of Evidence.")
"Notwithstanding the lack of a valid certificate, an officer may qualify as an expert by reason of his training and experience." Goains v. State, No. 09–09–00503–CR, 2011 WL 4537892, at *2 (Tex.App.-Beaumont September 28, 2011, pet. ref'd) (not published)(citing Kerr v. State, 921 S.W.2d 498, 502 (Tex.App.-Fort Worth 1996, no pet.))
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001