State v. Cooper

Mikell, Judge.

The state appeals the order dismissing Alexander Cooper, Jr.’s accusation of driving under the influence of alcohol to the extent that it was less safe for him to drive, arguing that the trial court erred in holding that there was no authority for the arrest under OCGA § 17-4-23 (a) because law enforcement officers did not actually observe Cooper operating a motor vehicle. As we are unable to discern from the record whether Cooper’s arrest was proper under OCGA § 17-4-20 (a), we reluctantly affirm the order.

The record does not contain a transcript of the evidentiary hearing held…