People v. McKown

State: Illinois

Docket No: 102372 Rel

Case Date: 09/20/2007

Preview:Docket No. 102372.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JOANNE McKOWN, Appellant. Opinion filed September 20, 2007.

JUSTICE BURKE delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Karmeier concurred in the judgment and opinion. OPINION At issue in this case is whether the trial court properly admitted testimony regarding the results of a Horizontal Gaze Nystagmus (HGN) test 1 at defendant Joanne McKown's trial for driving under the influence of alcohol. Over objection, the trial court admitted the testimony of the arresting officer regarding the administration and results of an HGN test performed on defendant without first holding an evidentiary hearing pursuant to Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) (a "Frye hearing") to determine whether HGN

All references to the HGN test in this opinion refer not to the procedure performed in a laboratory or other controlled setting, but to that administered by law enforcement officers to individuals suspected of driving under the influence of alcohol.

1

testing had been generally accepted as a reliable indicator of alcohol impairment.2 The trial court admitted the testimony by taking judicial notice of the general acceptance of the reliability of the HGN test as an indicator of alcohol impairment based on previous Illinois opinions. The appellate court affirmed the trial court, agreeing that a Frye hearing was not necessary. No. 3

Download People v. McKown.pdf