State v. Carter

Birdsong, Presiding Judge.

The State of Georgia appeals, under OCGA § 5-7-1, the grant of Jerome W. Carter’s motion to suppress the results of an intoximeter test. The sole error enumerated is that the trial court erred by granting the motion to suppress. Held:

The trial court granted Carter’s motion because the court found that the arrest was illegal because the arresting officer was driving a car that was not marked as required by OCGA § 40-8-91 (a): “Except as provided in subsection (b) of this Code section [concerning motor vehicles used by employees of the Department of Public Safety], any…