Palmaka v. State

Mikell, Judge.

This is the second appearance of this DUI case before this Court. In State v. Palmaka1 (“Palmaka F’), we reversed the grant of Kasia C. Palmaka’s motion to suppress the results of her breath test, holding that the state satisfied its burden, under OCGA § 40-6-392 (a) (1) (A), of proving that the test, which was performed on an Intoxilyzer 5000, was conducted in accordance with methods adopted by the Division of Forensic Sciences of the Georgia Bureau of Investigation (the “DFS”), and that any deviation from the operator’s manual affected the weight and not the admissibility of…