State v. Kimsey

The state appeals an order suppressing evidence of defendant’s performance of a Horizontal Gaze Nystagmus (HGN) field sobriety test. We reverse and remand.

The facts are undisputed. Officer Robert Foesch observed defendant fail to stop his vehicle at a stop line early in the morning. He stopped defendant for the traffic infraction and asked to see defendant’s driver’s license. Foesch noticed that defendant’s eyes were bloodshot and watery and that defendant had the odor of alcohol on his breath. Foesch asked defendant to step out of the car and observed that defendant had difficulty…