Jones v. State

Birdsong, Presiding Judge.

After Olin T. Jones was convicted of driving under the influence of alcohol and driving on a suspended driver’s license, he filed this appeal. He contends the trial court erred by denying his motion to quash the DUI count, which was in the nature of a motion in arrest of judgment, because the count did not state an offense.

Jones was charged with three offenses arising from the same incident: Count 1, driving under the influence of alcohol to the extent he was a less safe driver (OCGA § 40-6-391 (a) (1)); Count 2, having a .12 BAT within three hours after driving…