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STATE v. COOPER

No. A04A1796.

611 S.E.2d 90 (2005)

271 Ga. App. 771

The STATE v. COOPER.

Court of Appeals of Georgia.

February 24, 2005.

Attorney(s) appearing for the Case

Michael D. DeVane, Solicitor-General, for Appellant.

John R. Thigpen, Blackshear, for Appellee.

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...

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