By North Carolina Judicial Branch
State v. Godwin
Whether N.C. Rule of Evidence 702(a1) requires a witness in a DWI case to be qualified as an expert pursuant to Rule 702(a) before he may testify to the issue of impairment related to HGN results; whether the trial court erred in denying defendant's request for a special jury instruction explaining that results of a chemical breath test were not conclusive evidence of impairment.
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Summary
Whether N.C. Rule of Evidence 702(a1) requires a witness in a DWI case to be qualified as an expert pursuant to Rule 702(a) before he may testify to the issue of impairment related to HGN results; whether the trial court erred in denying defendant's request for a special jury instruction explaining that results of a chemical breath test were not conclusive evidence of impairment.