CHARLOTTE, N.C. — When Tim Newman walked out of court after the judge had dismissed his DWI charge three weeks ago he may have thought his legal battle was over.
Prosecutors have now appealed the judge's decision and are setting the stage for another legal battle.
Newman had refused to do a breath test when he was arrested back in May, but in her findings of fact filed just two days ago, Judge Kim Best Staton wrote that Newman had been arrested at 10 p.m. and wasn't finally released from the jail until in the morning.
Those six and a half hours in custody violated his constitutional and statutory rights, she wrote.
In their appeal, prosecutors objected to those findings. They said that the defense' motion to suppress critical evidence was contrary to the law and that there is enough evidence to prove their case.
"It is certain the law allows them to do it, but it isn't routine? No, it does happen ..." said Brad Smith defense attorney.
Smith said they had not seen the appeal coming, but they are confident that they will win again when the case goes to a Superior Court judge.
"I do not know what would change. In fact, I don't think anything will change. The law is pretty clear in this area and we are confident that the judge's ruling will be upheld on appeal," said Smith.