(Download) "People V. Leahy" by Supreme Court Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Leahy
- Author : Supreme Court Of California
- Release Date : January 27, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
The issues addressed by the Court of Appeal in this case were: (1) whether the results of a horizontal gaze nystagmus (HGN) field sobriety test are admissible in the absence of a Kelly/Frye foundational showing, that is, foundational evidence disclosing general acceptance of the test within the relevant scientific community (see People v. Kelly (1976) 17 Cal. 3d 24, 130 Cal. Rptr. 144, 549 P.2d 1240 [hereafter Kelly]; Frye v. United States (D.C. Cir. 1923) 54 App. D.C. 46, 293 Fed. 1013, 1014 [Frye]), and (2) whether a police officer without scientific expertise is qualified to give an opinion concerning the results of the HGN test. The Court of Appeal answered both questions in the negative and reversed defendant Leahy's convictions for driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and driving with a blood-alcohol level in excess of .08 percent (id., subd. (b)).