Manley v. State, A92A1560
| Decision Date | 29 October 1992 |
| Docket Number | No. A92A1560,A92A1560 |
| Parties | MANLEY v. The STATE. |
| Court | Georgia Court of Appeals |
Moore & Davidson, W. Keith Davidson, Lawrenceville, for appellant.
Gerald N. Blaney, Jr., Sol., David M. Fuller, and Allison L. Thatcher, Asst. Sols., for appellee.
A jury convicted Manley of driving under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391(a)(1), and having a blood alcohol concentration of .12 grams of alcohol or more within three hours after being in actual physical control of a moving vehicle, former OCGA § 40-6-391(a)(4). Both charges stemmed from the same incident. The court merged the second count into the first and sentenced only on count one ("less safe"). Manley's motion for new trial was denied.
The sole challenge is that the trial court erred in allowing evidence of the Horizontal Gaze Nystagmus Test (HGN) to be presented to the jury "when the test did not reach a level of verifiable certainty and acceptance by the scientific community for the purposes used in this case." The HGN is a test manifesting an involuntary rapid and then slow jerk of the eye. It is one of the field sobriety tests used as an indicator of alcohol or other drug use. See Mendoza v. State, 196 Ga.App. 627, 628(1), 396 S.E.2d 576 (1990). It was administered to Manley along with several other field sobriety tests. Via a motion in limine and objections at trial, Manley sought to exclude all evidence pertaining to the HGN test on the ground that the test is not generally accepted by the scientific community as a reasonable means of determining sobriety or the lack thereof.
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