City of Fargo v. McLaughlin

MESCHKE, Justice.

We consider whether a police officer may testify about the results of a horizontal gaze nystagmus [“HGN”] test without the State first establishing the scientific reliability of the test by expert testimony. We mainly hold that the trial court did not abuse its discretion in admitting evidence of the HGN test results in this case. We also hold that Jon Bret McLaughlin timely appealed after a motion for new trial, and that the prosecution’s evidentiary use of McLaughlin’s independent urine test was not obvious error. We affirm McLaughlin’s conviction for driving under the…