State of Tennessee v. Andrew Reginald MacKinnon

A Sevier County Circuit Court jury found that the Defendant, Andrew Reginald MacKinnon, violated the implied consent law. See T.C.A. § 55-10-406 (2006) (amended 2008, 2009, 2010). The trial court ordered that his driving privileges be revoked for one year. On appeal, the Defendant contends that (1) the trial court erred by failing to grant his motion to suppress because the State failed to lay a proper foundation for admitting a witness’s opinion testimony into evidence and (2) the jury instructions for violation of the implied consent law were insufficient because the trial court failed to define “reasonable grounds.” Because the trial court failed to determine the issue of the implied consent violation, submitting it to the jury instead, we vacate the judgment.