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Werner v. State

The trial court should have quashed the defendant's accusation with regard one DUI charge, because that Count did not allege the county in which the offense occurred.

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Shannon Michelle Werner appeals from the trial court’s denial of her motion to quash the accusation charging her with two counts of driving under the influence,1 contending that there was an insufficient allegation of venue. The accusation, filed by the Henry County Solicitor-General’s Office, bore the heading “State of Georgia, Henry County” and read, in pertinent part, as follows:

COUNT 1 On behalf of the people of the State of Georgia, the undersigned, as prosecuting attorney for the county and state aforesaid , does hereby charge and accuse SHANNON MICHELLE WERNER with the offense of DRIVING UNDER THE INFLUENCE 40-6-391 A 1, for that the said accused, did then and there on August 14, 2005, exercise actual physical control of a moving vehicle while under the influence of alcohol to the extent that it was less safe for the said accused to drive, contrary to the laws of this state, the good order, peace and dignity thereof. COUNT 2 The undersigned, as prosecuting attorney , does further charge and accuse the said defendant with the offense of DRIVING UNDER THE INFLUENCE 40-6-391 A 5, for that the said accused, did then and there on August 14, 2005, exercise actual physical control of a moving vehicle while having an alcohol concentration of 0.08 grams or more at a time within three hours after such actual physical control, from alcohol consumed before such actual physical control ended. . . . Italicized emphasis supplied.

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