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Holmes v. State6/8/1999
record indicates, and as the majority concedes, Officer Crain observed Holmes slurred speech, dilated and bloodshot eyes and detected an "intoxicating beverage coming from him." Officer R.L. Thomas noticed the "odor of alcohol coming off [Holmes's] breath." Thomas further testified that Holmes "appeared to be intoxicated" and that " e had bloodshot eyes." This evidence is sufficient proof, in the eyes of the Young court, to affirm conviction of this crime.
. From the testimony presented regarding the HGN test, the jury could gather that Holmes's performance on this specific test indicated simply that he had consumed some liquor, not that he was under the influence of alcohol. Notwithstanding the fact that the HGN test was discussed before the jury, it was independently established from the two officers' testimony that Homes's breath smelled of alcohol.
. Stating as much, I find that reversal on this point is inappropriate as no abuse of discretion occurred with the admittance of this testimony. Holmes was not prejudiced, and the admission of HGN testing was harmless.
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