State v. Gordon

The State appeals the Court of Appeals’ affirmation of the circuit court’s interpretation of section 56-5-2953 of the South Carolina Code. The Court of Appeals found that section 56-5-2953 requires officers to record the head of the motorist when administering the Horizontal Gaze Nystagmus (HGN) field sobriety test and that Cody Gordon’s head was not sufficiently visible. The State posits that a plain reading of the statute makes no mention of the motorist’s “head.” We affirm the Court of Appeals’ conclusion that the statute requires that the motorist’s head be recorded in the video; however,…