Campbell v. State

I cannot agree with the finding of the majority that the evidence in this case was sufficient to show that the appellant’s consumption of alcohol had rendered him a less safe driver, so as to authorize a conviction of D.U.I. in violation of OCGA § 40-6-391 (a) (1). Under cross-examination the arresting officer responded that the only thing that brought appellant’s driving to his attention was that his vehicle’s muffler was loud; that appellant was not “stumbling or falling down, or anything of that nature”; that appellant was cooperative and seemed to understand everything that was going on…