Legal Opinion
People v. Joehnk
California Court of Appeal
Decided June 19, 1995No. D022743PublishedCited by 17 opinions
1Opinion of the Court
Opinion
BENKE, Acting P. J.
Defendant and appellant Alexander Rutan Joehnk was convicted of driving under the influence of an alcoholic beverage (Veh. Code, 1 § 23152, subd. (a)), and of driving with a blood-alcohol level of 0.08 or higher (§ 23152, subd. (b)). He appeals, arguing the trial court erred in allowing a police officer to use findings from horizontal gaze nystagmus (HGN) testing as a basis for his opinion that appellant was driving under the influence of alcohol. We conclude HGN testing admissible for that purpose and affirm.
Facts
On August 24, 1993, appellant was stopped by San…
2Cases cited30 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- People v. KellyCalifornia Supreme Court · 1976
- People v. BrownCalifornia Supreme Court · 1985
- Emerson v. StateCourt of Criminal Appeals of Texas · 1994
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3Cited by17 opinions
- State v. TorresNew Mexico Supreme Court · 1999
- People v. McKownIllinois Supreme Court · 2010
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- United States v. HornDistrict Court, D. Maryland · 2002
- Williams v. StateDistrict Court of Appeal of Florida · 1998
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