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State v. Palmaka3/26/2004
the Georgia Administrative Procedure Act, OCGA §§ 50-13-1 through 50-13-23)." See Rowell v. State, 229 Ga.App. 397, 398(1)(a), 494 S.E.2d 5 (1997) (recognizing Rule 92-3-.06 as embodying methods for breath tests approved by the GBI).
Naik, supra. As the State's evidence satisfied this burden, the trial court erred by suppressing the test results. Any deviation from the operator's manual goes to the weight to be given the test results and not to their admissibility. Scara v. State, 259 Ga.App. 510, 513(1), 577 S.E.2d 796 (2003); Jarriel v. State, 255 Ga.App. 305, 308(3), 565 S.E.2d 521 (2002).
Although Palmaka relies upon statements in Casey v. State, 240 Ga.App. 329, 331(3), 523 S.E.2d 395 (1999), for the proposition that the 20-minute waiting period is part of the approved methods of testing which much be satisfied, this reliance is misplaced. Casey was decided before the GBI promulgated in 2000 the rule now codified in Ga. Comp. R. & Regs. r. 92-3-.06(12)(b). Accordingly, to the extent that Casey holds that the 20-minute waiting period is part of the approved methods of testing, it is inconsistent with both the new Rule and Naik, supra, and, therefore, the language in Casey is disapproved and will no longer be followed.
Accordingly, the order of the trial court suppressing the test results is reversed and the case is remanded for further proceedings.
Judgment reversed.
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