Brooks v. State

Carley, Judge.

Appellant was tried before a jury on an accusation charging him with two counts of driving under the influence. Count One alleged a violation of subsection (a) (2) of OCGA § 40-6-391, which prohibits the act of driving or having physical control of a moving vehicle while “[u]nder the influence of any drug to a degree which renders [one] incapable of driving safely. . . .” Count Two alleged a violation of subsection (a) (3) of OCGA § 40-6-391, which prohibits the same acts while “[u]nder the combined influence of alcohol and any drug to a degree which renders [one] incapable of…