State v. Fowler

HUNTER, JR., Robert N., Judge.

*547Melvin Leroy Fowler ("Defendant") appeals a jury verdict convicting him of driving while impaired ("DWI"). On appeal, Defendant contends the trial court erred by: (1) instructing the jury on a theory of impaired driving unsupported by the evidence, thus violating Defendant's constitutional right to a *726unanimous jury verdict; and (2) allowing Officer Monroe to testify as an expert witness regarding the horizontal gaze Nystagmus ("HGN") test. For the following reasons, we grant Defendant a new trial.

I. Factual and Procedural Background

On 19 June 2014, Officer R. P.…