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In the Interest of T. H.

A juvenile who was going from his grandmother's home to his own home on a dirt bike was neither wandering nor loitering when the officers stopped him for a traffic violation.

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A juvenile court found T. H. delinquent for the offenses of curfew violation and driving without a license. He was also found guilty of driving without insurance, without a taillight, and without a tag. The record shows that the State filed both a petition for delinquency asserting that T. H. had violated OCGA § 40-5-20 by driving without a license and a petition alleging that T. H. was unruly for committing a curfew violation.1 In its order, the juvenile court ruled that T. H. committed the offenses of curfew violation and driving without a license, and adjudicated him delinquent.

On appeal, T. H. contends that the trial court’s adjudication of guilt was in error because 1 the State failed to establish that he was “unruly” pursuant to OCGA § 15-11-2 12 and 2 the evidence was insufficient to support the guilty verdict for the traffic offense. Although we affirm the guilty adjudication for the traffic offenses, we must reverse the adjudication that T. H. was unruly because we find that the State did not prove that T. H. was wandering or loitering between the hours of 12:00 A. M. and 5:00 A.M. as required by OCGA § 15-11-2 12 E.

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