This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant was arrested after a police officer observed a pickup truck weaving on the freeway, failing to respond to emergency lights, and parking under a carport. The officer identified the Defendant as the driver and noted signs of intoxication, including slurred speech and bloodshot eyes. The Defendant claimed he was a passenger and that the driver fled before the officer approached. Field sobriety tests, including the Horizontal Gaze Nystagmus (HGN) test, were administered, and the Defendant was charged with multiple offenses, including driving while intoxicated (DWI) (paras 2-7).
Procedural History
- Trial court: The Defendant was convicted of DWI, careless driving, failure to maintain a traffic lane, failure to yield to emergency equipment, and driving with a revoked license. The court sentenced him for felony DWI based on three prior convictions (paras 7-8).
- Court of Appeals: Certified the appeal to the Supreme Court of New Mexico, citing a substantial public importance issue regarding the admissibility of scientific evidence without proper foundation (para 8).
Parties' Submissions
- Defendant-Appellant: Argued that the trial court erred in denying a motion for continuance, which prejudiced his defense, and in admitting HGN test results without proper foundation. He also contended that there was insufficient evidence to support one of his prior DWI convictions (paras 8, 19).
- Plaintiff-Appellee: Asserted that the denial of the continuance was proper, the HGN test results were admissible based on the officer's training, and any error in admitting the HGN evidence was harmless given other evidence of intoxication (paras 11, 36, 51).
Legal Issues
- Did the trial court err in denying the Defendant's motion for a continuance?
- Was the testimony regarding the HGN test results improperly admitted due to a lack of evidentiary reliability and expert qualification?
- Was the error in admitting the HGN evidence harmless?
Disposition
- The Supreme Court of New Mexico reversed the Defendant's convictions and remanded the case for a new trial (para 55).
Reasons
Per Minzner C.J. (Franchini, Baca, Serna JJ., and Wechsler J. concurring):
Motion for Continuance: The trial court abused its discretion in denying the Defendant's motion for a continuance. The defense had acted diligently in attempting to secure the attendance of a key witness, whose testimony was material and favorable to the defense. The denial prejudiced the Defendant's ability to present his case, violating his constitutional right to compulsory process (paras 9-18).
Admissibility of HGN Testimony: The HGN test results constituted scientific evidence requiring a proper foundation under the evidentiary reliability standard established in State v. Alberico and Daubert v. Merrell Dow Pharmaceuticals, Inc.. The State failed to demonstrate the scientific reliability of the HGN test or qualify the officer as an expert in its scientific basis. The trial court erred in admitting the HGN testimony without applying the proper standard (paras 19-41).
Expert Qualification: While the officer was qualified to testify about the administration of the HGN test based on his training and experience, he was not qualified to testify about the scientific principles underlying the test. Such testimony requires a scientific expert to establish the test's evidentiary reliability (paras 43-48).
Harmless Error: The improper admission of the HGN evidence was not harmless. The State emphasized the HGN test as the most reliable indicator of intoxication, and no chemical test results were presented. There was a reasonable possibility that the HGN testimony contributed to the Defendant's conviction (paras 51-52).
Guidance on Remand: On retrial, the trial court must determine whether the HGN test satisfies the Alberico-Daubert standard. If the test's reliability is established, the officer may testify about its administration and results (para 54).