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WAITES v. STATE

71634.

178 Ga. App. 333 (1986)

343 S.E.2d 115

WAITES v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied February 12, 1986. And March 19, 1986.

Attorney(s) appearing for the Case

E. Earl Seals, for appellant.

Robert B. Whatley, Solicitor, for appellee.

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...

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