CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Forensic Issues
.........Criminal
............Nystagmus Test (HGN)
5 Cards On This Topic:

HGN is a new scientific technique which must meet Kelly standard.

HGN test findings, when used with other tests and observations, admissible as basis for officer's opinion that D was DUI; HGN testing accepted under Kelly.

Lay police officer may not give opinion re driver's sobriety based, in part, upon nystagmus test.

HGN does not require expertise in scientific field to interpret.

HGN not shown to meet Kelly-Frye standard; lay police officer may not give opinion re driver's sobriety based, in part, upon nystagmus test.