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Campbell v. People, 443 P.3d 72, 2019 CO 66

Facts

Randy Campbell was pulled over by a police officer for driving with a defective headlamp. The officer detected signs of intoxication, including the smell of alcohol, bloodshot eyes, and slurred speech. After Campbell failed several roadside sobriety tests, including the HGN test, he was arrested. Subsequent breath tests indicated a blood alcohol content (BAC) above the legal limit, leading to charges of DWAI and other offenses.

One evening at around midnight, a police officer was on patrol when he noticed a truck drive past him with only one headlight on. Because of that, the officer pulled the truck over and initiated a discussion with the driver, Randy Campbell.

Issue

Did the trial court abuse its discretion in permitting a police officer to testify regarding the results of a Horizontal Gaze Nystagmus test without first qualifying that officer as an expert under CRE 702?

Whether the trial court abused its discretion in permitting a police officer to testify regarding the results of a Horizontal Gaze Nystagmus test, without first qualifying that officer as an expert under CRE 702 and this Court's decision in Venalonzo v. People, 2017 CO 9, 388 P.3d 868.

Rule

Under CRE 701, lay witness testimony is limited to opinions based on the witness's perception that are helpful to understanding the testimony or determining a fact in issue, while CRE 702 allows expert testimony if specialized knowledge will assist the trier of fact.

Under CRE 701, a lay witness's testimony in the form of opinions or inferences is limited to those opinions or inferences that are “(a) rationally based on the perception of the witness, (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Analysis

The court determined that the officer's testimony regarding the HGN test was expert testimony because it required specialized knowledge and training that an ordinary person would not possess. The officer's detailed explanation of the HGN test and the specific clues he observed indicated that his testimony could not be offered without his specialized experience. Despite this error, the court found that the overwhelming evidence of Campbell's intoxication rendered the error harmless.

Applying these principles to the present facts, we conclude, for several reasons, that the officer's testimony was expert testimony. First, the officer's testimony regarding the HGN test was not the type of testimony that could be offered without specialized experiences, knowledge, or training.

Conclusion

The Supreme Court affirmed the district court's judgment, concluding that the trial court's error in admitting the officer's testimony as lay testimony was harmless and did not warrant reversal.

Accordingly, we affirm the judgment below.

Who won?

The People prevailed in the case because the court found that the overwhelming evidence of Campbell's intoxication supported the jury's verdict, despite the error in admitting the officer's testimony.

The jury ultimately rejected Campbell's assertions and convicted him of DWAI, possessing an open alcohol container, and operating a vehicle with a defective headlamp.

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