Muir v. State

Barnes, Judge.

Jamie Muir appeals her conviction for driving under the influence of alcohol to the extent she was a less safe driver, contending the trial court erred in restricting her expert’s testimony concerning the administration and reliability of the horizontal gaze nystagmus (HGN) field evaluation test. Because the trial court did not abuse its discretion in finding that the witness was not qualified as an expert in this area, we affirm.

This case was tried for a second time after we reversed the first conviction in Muir v. State, 248 Ga. App. 49 (545 SE2d 176) (2001). On retrial, the…