Townsend v. Dist. of Columbia

Thompson, Associate Judge:

After a bench trial, appellant Alisha Townsend was found guilty of driving under the influence ("DUI"). She argues on appeal that the trial court erroneously admitted testimony regarding the result of a vertical gaze nystagmus ("VGN") test conducted by a Metropolitan Police Department ("MPD") Officer on the day of the incident. We agree that the trial court erred in admitting the testimony. Because we are unable to say with fair assurance that the trial court would have found guilt beyond a reasonable doubt in the absence of the VGN testimony, we vacate the judgment…