Summary
This appellate court opinion reviews a defendant's appeal of a trial court's denial of a motion to suppress Horizontal Gaze Nystagmus (HGN) test results in an Operating Vehicle Under the Influence (OVI) case. The defendant argued that the trooper's use of Google Translate to administer the test violated NHTSA standards and lacked reliability, thereby negating probable cause for arrest. The court found that the state met its burden of showing substantial compliance with testing guidelines through circumstantial evidence of the defendant's understanding and the officer's testimony, affirming the trial court's judgment.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in denying Abaev’s motion to suppress the HGN test results because the officer’s use of Google Translate and omission of medical pre‑check questions meant the test was not performed in substantial compliance with NHTSA standards.
- Whether, absent the HGN test results, the officer had probable cause to arrest Abaev, thereby requiring suppression of the breath test evidence.
Holdings
- The trial court did not err; the HGN test was administered in substantial compliance with NHTSA standards despite the use of Google Translate and the omission of medical pre‑check questions.
- Probable cause existed based on the officer’s observations of Abaev’s driving, odor of alcohol, bloodshot eyes, admission of drinking, and the HGN clues; thus suppression of the breath test was unwarranted.
Key quotations
“Because the State showed by clear and convincing evidence that Trooper Church substantially complied with NHTSA standards, the trial court properly denied the motion to suppress the HGN test. Therefore, Abaev’s assignment of error is overruled.” (¶ 16)
Factual background
On October 17, 2023, Trooper Steven Church stopped Abaev for erratic driving. Because Abaev did not speak English, the officer used Google Translate to communicate and to give instructions for a horizontal gaze nystagmus (HGN) field sobriety test. The officer administered the test in accordance with the 2018 and 2023 NHTSA manuals, observed six clues, and later obtained a breath test result of .129. The trial court admitted the HGN test results and breath test evidence.
Procedural history
The Municipal Court convicted Abaev of operating a vehicle impaired (OVI) and sentenced him after he entered a no‑contest plea. Abaev moved to suppress the results of the horizontal gaze nystagmus (HGN) field sobriety test, arguing the use of Google Translate and failure to ask medical pre‑check questions violated NHTSA standards and eliminated probable cause. The trial court denied the motion. Abaev appealed.