State v. Younts: Rule 702 Does Not Require Proof that HGN Testing is Reliable

Folks, we have an answer. The court of appeals held yesterday in State v. Younts, ___ N.C. App. ___ (2017), that a law enforcement officer trained to administer a Horizontal Gaze Nystagmus (HGN) test may properly testify about the results of a test he administered without any determination by the trial court that HGN testing is scientifically reliable. Background. Defense attorneys, prosecutors and judges who are involved in the litigation of impaired driving cases know that the admissibility of HGN evidence has been hotly debated for decades. The intensity of the debate increased after the General Assembly adopted the Daubert standard for the admission of expert scientific testimony. Several earlier blog posts (here, here, here, and here) chronicle the legal arguments and developments in this area. Last month, the state supreme court intimated in State v. Godwin, ___ N.C. ___ (June 9, 2017), that proof of HGN’s reliability might not be required pursuant to a subsection of Rule 702 that pre-dates the adoption of Daubert. Younts made that suggestion into law, relying on Godwin in determining that proof of HGN’s reliability was not in fact required. Younts facts. Highway Patrol Trooper Myron Coffey stopped a car driven by Jennifer Younts on Interstate 240 near Asheville after he clocked its speed at more than 20 mph over the limit. When he approached the car, Trooper Coffey smelled alcohol. He subsequently noted that Younts’ eyes were red and glassy and her speech was slurred. Younts admitted that she had been drinking. Trooper Coffey [...]