Mills v. State

Ruffin, Presiding Judge.

Following a bench trial, the trial court found Jessica Mills guilty of being a minor while driving with an unlawful alcohol level in violation of OCGA § 40-6-391 (k) (1).1 In her sole enumeration of error, Mills argues that the State failed to prove a material allegation in the accusation. For reasons that follow, we affirm.

The evidence shows that Mills was 19 years old at the time of her arrest. Nevertheless, the State charged Mills through accusation with

the offense of40-6-391 (k) (1) MINOR DRIVING WITH AN UNLAWFUL ALCOHOL LEVEL, a Misdemeanor, for that the said…