Waites v. State

Birdsong, Presiding Judge.

James Waites was convicted of driving under the influence of alcohol and sentenced to serve 12 months suspended after 30 days upon the payment of a fine. He brings this appeal enumerating three alleged errors. Held:

1. Waites complains that he was improperly charged and convicted of a “non-offense,” i.e., OCGA § 40-6-392 dealing with the implied consent law. In substance, the accusation charged Waites with “operating” a vehicle while under the influence of alcohol in that he refused to take the required implied consent test. Waites contends that the word “operates”…