Section 14.31 State v. Lasworth

• Library: DWI 2014

In State v. Lasworth, 42 P.3d 844 (N.M. Ct. App. 2001), the court assessed whether the HGN test was admissible either as evidence of impairment or to show that a driver was above or below the statutory blood alcohol limit using the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), criteria.

In holding that the HGN test does not meet sufficient evidentiary standards to be admissible in a prosecution for driving under the influence, the court held inadmissible the testimony of the arresting officer that “he...