86-7008; CA A39837 | Or. Ct. App. | Feb 25, 1987
Defendant appeals his conviction for driving under the influence of intoxicants and assigns as error the trial court’s admission of testimony regarding the results of a horizontal gaze nystagmus test. Because this case is not materially distinguishable from State v. Reed, 83 Or App 451, 732 P2d 66 (1987), we conclude that the trial court erred in admitting the testimony.
Reversed and remanded for a new trial.