State v. Cowsert

OPINION

INTRODUCTION

Appellee, Ben Daly Cowsert, was charged with driving while intoxicated. He filed a motion to suppress evidence of his breath test. The trial court granted the motion, relying on caselaw that was pending review by this court and that was later reversed. The State asked the trial court to reconsider the motion based on the new caselaw. The trial court reconsidered the motion but upheld its decision to suppress the evidence. The State appealed. Although the time to perfect an appeal from the trial court’s order granting the motion to suppress had passed, the Fourth Court of…