As mentioned in a previous post, Jonathan W. McConnell, the founding attorney of the McConnell Law Firm, went before the Kansas Supreme Court in October 2018 to request a review of a Kansas Court of Appeals reversal of an earlier Kansas district court decision. He argued that the court of appeals had applied an incorrect standard in the case. After nearly eight months of consideration, the Supreme Court ruled in favor of McConnell’s client, overturning the court of appeals reversal.
This decision is significant for a number of reasons. First, it clarifies the legal standard the appellate court uses to make its decisions when determining whether an officer had reasonable grounds for a particular action. According to the Kansas Supreme Court syllabus of the decision, it’s “a mixed question of law and fact, and appellate courts review the ultimate legal conclusion—whether reasonable grounds existed—independently while deferring to the district court’s factual findings that are supported by substantial competent evidence.”
Additionally, the decision indicates that field sobriety tests administered by police officers are not infallible. While the tests themselves are objective, the officer subjectively interprets the grading criteria to decide whether the test was passed.
Furthermore, the decision states that the officer’s determination of the results is not law. They are neither scientists or experts on the matter. “Field sobriety tests rely on common knowledge, not scientific foundation for their reliability.” Therefore, the fact-finder (the judge and/or jury depending on the case) can use their own common knowledge to reevaluate the driver’s performance on the field sobriety test rather than taking the officer’s word at face value.
“This decision gives defense counsels additional tools to fight for their clients in DUI cases,” McConnell said. “I’m proud of all the hard work that went into ensuring that justice was done for our client.”
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