Foster v. State

Carley, Presiding Judge.

Appellant was tried before a jury and found guilty of driving under the influence. He appeals from the judgment of conviction and sentence entered on the jury verdict.

The sole enumeration of error relates to the admission of evidence relating to the Horizontal Gaze Nystagmus (HGN) test that was administered to appellant by the arresting officer. A review of the transcript does suggest that the trial court may have erred in allowing into evidence testimony as to appellant’s physical responses to the HGN test that was administered to him, without preliminary proof that…