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PALMAKA v. STATE

No. A06A1060.

634 S.E.2d 883 (2006)

PALMAKA v. The STATE.

Court of Appeals of Georgia.

July 27, 2006.

Attorney(s) appearing for the Case

Charles T. Magarahan, Law Offices of Charles T. Magarahan, Atlanta, for appellant.

Thurbert E. Baker, Attorney General, Atlanta, Gerald N. Blaney, Jr., Solicitor-General, Gary S. Vey, Assistant Solicitor-General, Lawrenceville, for appellee.

MIKELL, Judge.

This is the second appearance of this DUI case before this Court. In State v. Palmaka,1 ("Palmaka I"), 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...

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