State v. Hinkel
Annotate this CaseDefendant appealed his conviction of operating under the influence (OUI) with a refusal to submit to a chemical test and of operating after suspension (OAS), arguing (1) the State failed to lay a proper foundation for the admission of testimony regarding horizontal gaze nystagmus (HGN) tests performed on Defendant after he was stopped for a traffic violation; and (2) the court committed obvious error by considering testimony from the OUI portion of the trial - as presented to the jury - to conclude that the State proved the operation element of the OAS charge - which was decided by the court. The Supreme Judicial Court affirmed, holding (1) the State laid a proper foundation for the admission of testimony regarding the HGN tests pursuant to State v. Taylor; and (2) where the trial court did not formally sever the OAS and OUI charges and, rather, the parties agreed before trial to have the court decide the OAS charge for “strategic reasons,” the court did not commit obvious error when it considered testimony presented to the jury on the OUI charge in deciding the OAS charge.
Court Description: Corrected July 27, 2017 (Errata sheet)
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