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Question
At Carter's criminal trial, the prosecution calls Officer Observant to testify. Officer Obserant testifies that Carter's eyes were bloodshot, his speech was slurred and his smelled like alcohol when he spoke with him at the scene of the accident. The prosecutor asks Officer Observant if he thought Carter was drunk. Carter's defense atto objects.
How should the judge rule?
Officer Observant may testify as to whether he thought Carter was drunk because this is a proper lay opinion.
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