Missouri Court of Appeals, Southern District / May 21, 2018
STATE OF MISSOURI, Plaintiff-Respondent, v. PERRY RAYMOND TICE, Defendant-Appellant.
Perry Tice was convicted of driving while intoxicated (DWI) and sentenced to four years. He appealed, arguing the trial court abused its discretion by admitting testimony about the Horizontal Gaze Nystagmus (HGN) test results, claiming an inadequate foundation because the officer allegedly failed to follow NHTSA procedures. The appellate court affirmed, holding that an adequate foundation for the HGN test was established, and even if there was error, it was not outcome-determinative due to other ample evidence of intoxication supporting the conviction.