State v. Engelhorn

McEVERS; Justice,

[¶ 1] , The State appeals after the district court ruled the State could not use a defendant’s horizontal gaze nystagmus (HGN) test results as evidence of impairment in a jury trial for actual physical control of a vehicle while under the influence of alcohol. We reverse, concluding the court misapplied the law regarding the admissibility of HGN test results.

I

[¶ 2] According to McLean County Deputy Sheriff Curt Olson’s affidavit, Olson approached a running vehicle after responding to an early-morning report the vehicle was in a ditch. Olson observed the driver sleeping inside…