In an OWI/DWI case I filed a motion to suppress all evidence obtained as a result of the stop claiming that the officer lacked probable cause/reasonable suspicion to inititate the traffic stop. The judge did not grant my motion in a municipal court and set another pre-trial conference date 30 days from now. When does the 20 day period clock start ticking to file an appeal of this decision. When we asked the judge he stated that we could not file an appeal yet because the case wasn't done. Does a person have to wait until you are found guilty based on the blood test results before you can file an appeal for the motion to suppress all evidence not being granted?
1 Answer from Attorneys
Yes. the case must be concluded before an appeal can be taken claiming errors including errors in failing to suppress evidence.
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