Spencer v. GeorgiaAnnotate this Case
After a jury trial, appellant Mellecia Spencer was convicted of one count of driving under the influence of alcohol (less safe) and one count of possession of an open container. She appealed the judgment of conviction and sentence only as to the conviction for DUI. The Court of Appeals affirmed her conviction. The Georgia Supreme Court granted Spencer’s petition for certiorari to consider whether the Court of Appeals erred in holding that the trial court properly admitted a police officer’s testimony correlating the results of a horizontal gaze nystagmus (“HGN”) test with a numeric blood alcohol content or “BAC”. Because the Court found this testimony was admitted without a sufficient foundation having been laid under Harper v. State, 292 SE2d 389 (1982), it reversed the judgment of conviction and sentence with respect to the DUI.