State v. O'Key

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the results of a hori- zontal gaze nystagmus (HGN) test could not be offered as proof of BAC because it did not involve a chemical analysis
• concluding under that factor that the HGN test is “a fairly reliable indicator of alcohol impairment”
• explaining that “[t]he function of the court is to ensure that the persuasive appeal [of the expert] is legitimate”
• stating that HGN test is admissible to show defendant was under the influence of alcohol but not to quantify BAC
• noting that “[t]he validity of proffered scientific evidence *** is a question of law” to be determined by judicial notice of legislative facts submitted to the court
• noting that—unlike the HGN test, which “is not within the realm of common knowledge”—the walk-and-turn test obtains its legitimacy “from effects of intoxication based on propositions of common knowledge”

Source: CourtListener parenthetical corpus (CC0).