Commonwealth v. GerhardtAnnotate this Case
To the extent that field sobriety tests (FSTs) are relevant to establish a driver’s balance, coordination, mental acuity, and other skills required to operate a motor vehicle safely, FSTs are admissible at trial as observations of the police officer conducting the assessment. However, neither a police officer nor a lay witness who has not been qualified as an expert may offer an opinion as to whether a driver was under the influence of marijuana.
Defendant was charged with operating a motor vehicle under the influence of marijuana. Defendant filed a motion for a Daubert-Lanigan hearing seeking to challenge the admissibility of evidence concerning his performance on FSTs conducted after the stop. The Supreme Court heard oral argument in the matter and then answered the reported questions as set forth above and remanded the case to the district court for further proceedings.