Spencer v. the State

McFADDEN, Judge.

After a jury trial, Mellecia Spencer was convicted of driving under the influence of alcohol to the extent she was a less safe driver and possessing an open container of alcohol in the passenger area of her vehicle. She appeals, arguing that the trial court erred in allowing the arresting officer to testify that Spencer’s performance on the horizontal gaze nystagmus (“HGN”) test proved a specific numeric blood-alcohol content level. However, the officer did not give such testimony, and instead properly testified that generally an HGN test showing four out of six clues…