BILL DRAPER, Associated Press

KANSAS CITY, Mo. (AP) — The Kansas Supreme Court has reversed the drunken driving conviction of a Wichita man who was asked to take a breath test after failing a common field sobriety test that has been determined inadmissible in court.

William Molitor was stopped in February 2009 after leaving a Wichita bar and failing to use his turn signal. Officer Jeremy Diaz says Molitor struck the curb with his tire and had bloodshot eyes. There also was a strong odor of alcohol coming from his vehicle.

But Molitor had no problem producing requested documents or getting out of his vehicle. Diaz says he asked Molitor to take a breath test after he failed the horizontal gaze test.

The state Supreme Court ruled Friday that the gaze test wasn’t evidence that Molitor was impaired.