Richard Suter is appealing the four-month jail sentence he received for refusing to provide a breath sample after he crashed his SUV into a patio and killed Edmonton toddler Geo Mounsef.

Suter's lawyer Dino Bottos told CBC News he filed an appeal Thursday, saying he believes Suter should not go to jail at all.

Bottos also said Suter's driving suspension is too long at five years and instead should be one year.

The Crown also filed an appeal of Suter's sentence in December.

Last month provincial court Judge Larry Anderson ruled Suter was not impaired at the time of the crash.

Bottos told reporters outside court that Suter was content with the sentence and felt vindicated on the issue of whether he was impaired.

"He will serve his sentence. He will pay his debt to society," Bottos said at the time. "Finally the one objective observer who's seen and heard it all has concluded that Mr. Suter was not guilty of impaired driving."

The judge said he believes Suter proved he was not drunk at the time of the crash, even though witnesses said they honestly thought he was.

The court accepted Suter's version of events.

In May 2013, moments after he slammed into a restaurant patio and then slowly backed up his SUV, he was pulled out of his vehicle and thrown to the ground.

Suter was then dragged through a parking lot where he was attacked and kicked by an angry mob. Finally a small group had to surround Suter while he lay in a fetal position on the pavement until police arrived.

The court accepted the theory of a defence expert that Suter's glassy eyes and speech problems were consistent with shock or trauma.