Is a peace officer administering HGN an expert?

"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.))

http://www.tdcaa.com/dwi/case_law/field_sobriety_test.html

or just flip over to DWI Resources and enter Richard's interactive case law document and head to Chapter 15.

Thanks Clay, I keep forgetting about Richard's DWI information.

No problem at all, my job is to remind people of how great Richard and Warren are, and trust me it isn't a bad job!

I came across this good article on HGN. Sharing!

http://www.hudson-law.net/HGNarticle.pdf