Illinois Supreme Court accepts Horizontal Gaze Nystagmus

On February 19, 2010, the Illinois Supreme Court issued a landmark opinion regarding the admissibility of Horizontal Gaze Nystagmus (HGN) testimony. The defense had challenged the admissibility of HGN based on the well-known "Frye" standard. In part, the court ruled in People v. McKown:

"In sum, we adopt the trial court's findings on remand that HGN testing is generally accepted in the relevant scientific fields as evidence of alcohol consumption and possible impairment. We also adopt the trial court's five conclusions of law regarding the admission of HGN evidence and its use at trial. The admissibility of HGN evidence in an individual case will depend on the State's ability to lay a proper foundation and to demonstrate the qualifications of its witness, subject to the balancing of probative value with the risk of unfair prejudice."

This case would not have resulted in this successful conclusion without the perseverance and professionalism of Elizabeth Earleywine, the state's Traffic Safety Resource Prosecutor.

The prosecution witnesses included me, Dr. Kark Citek, Dr. Zenon Zuk, and Illinois State Police Sergeant Tony Lebron.

Finally, challenges to the admissibility of Drug Recognition Expert testimony are currently being evaluated in the states of Kentucky and New Jersey.