¶1(concurring in part, dissenting in part)
¶2{22} I join in Judge Pickard’s opinion for the majority, except for the discussion-of the HGN testimony. The officer who performed the HGN test acknowledged that his manner of conducting the test departed substantially from what was required by his training manual. Given that acknowledgment, I do not think that his personal experience with the HGN test provided a sufficient foundation for admitting the results of his test of Defendant. There is no indication that his personal experience was scientifically validated in any respect. Because the admissibility of HGN testimony is currently before our Supreme Court in State v. Torres, Number 23,334, I confine myself £o these brief remarks.