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State v. Baldwin7/19/2001
ng State v. Torres, 1999-NMSC-010, 127 N.M. 20, 976 P.2d 20, Defendant challenges the admission of evidence pertaining to the HGN test that Officer Christian administered to him at the scene. Defendant questions the foundation for the scientific evidence offered, as well as the officer's lack of experience, training, and education to testify regarding the reliability of the test. See State v. Alberico, 116 N.M. 156, 861 P.2d 192 (1993).
There is no need to discuss Defendant's objections in this opinion. Insofar as the HGN test results were admitted to prove DWI under Section 66-8-102(A), Defendant's objections were rendered moot when the trial court directed a verdict on that charge. Because we are reversing Defendant's conviction for DWI under Section 66-8-102(C) for other reasons, we need not address the propriety of the trial court admitting the HGN test into evidence.
CONCLUSION
We affirm Defendant's conviction for violating Section 66-7-319, driving on divided highways. We reverse Defendant's conviction for DWI in violation of Section 66-8-102(C).
IT IS SO ORDERED.
RICHARD C. BOSSON, Chief Judge
WE CONCUR:
M. CHRISTINA ARMIJO, Judge
CYNTHIA A. FRY, Judge
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