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State v. Bull4/22/2002
Appeal From Darlington County John M. Milling, Circuit Court Judge
Submitted March 5, 2002
AFFIRMED
Jacinto Antonio Bull was charged with felony driving under the influence (DUI), reckless homicide, driving under suspension (DUS), and two counts of assault and battery of a high and aggravated nature (ABHAN). The jury found Bull guilty of felony DUI, reckless homicide, DUS, and one count of ABHAN. Bull appeals arguing the trial court erred in admitting evidence of his blood alcohol test results. We affirm.
FACTS
On the evening of April 5, 1998, a witness driving along Highway 15 toward Hartsville observed Bull's Subaru approaching at a high speed and passing him. The witness stated Bull almost collided with him and he had to use defensive driving to avoid a collision. After Bull passed him, the witness saw Bull proceed at a high speed, swerve to the left, and turn onto Rolling Road. A few minutes later the witness turned onto Rolling Road and observed an Explorer lying in the bottom of a ditch and Bull's Subaru in the brush.
Bull's Subaru collided with an Explorer driven by Michael Redding at the intersection of Rolling Road and Home Avenue. Redding died as a result of injuries from the accident and his wife sustained injuries to her head, neck, sternum, leg, and knee. Additionally, Bull's passenger broke his arm.
Bull was also seriously injured in the accident and was taken to the hospital. Investigator Gregory Chandler went to the hospital and attempted to interview Bull. Chandler testified Bull nodded in the affirmative when asked whether he had been driving and drinking. Chandler then placed Bull under arrest for DUI and asked Bull to submit a blood sample. At this point, Bull was unconscious and the emergency room nurse drew his blood for testing. Bull's blood was drawn at 11:45 p.m., placed in a vial, labeled, and given to Officer Chandler. The blood sample was sent to SLED for testing, and the result of the test indicated a 0.168 percent blood alcohol level.
At trial, Bull moved to suppress the blood test arguing the State failed to comply with S.C. Code Ann. § 56-5-2950(g) (1991) which requires the State to provide a defendant with a written report prior to trial indicating the time the blood test was performed. The State provided Bull with a report listing the time and date that his blood was drawn, but the report did not contain the date on which the analysis of the blood was conducted. The State offered to produce the notes of Dr. Stroman who conducted the blood test. The notes contained the precise time of testing and the court recessed to allow the defense an opportunity to review Stroman's notes. Following the recess, Bull renewed his motion to suppress the evidence based on the State's failure to strictly comply with section 56-5-2950.
After Stroman's in camera testimony, the trial court denied Bull's request to suppress and found that the State substantially complied with section 56-5-2950 by providing the defense with the time and date the blood was drawn. The trial court ruled that for purposes of complying with section 56-5-2950 testing began when the blood was drawn, and that by providing that information to Bull before trial, the State satisfied the requirements of the statute.
The jury found Bull guilty of felony DUI, reckless homicide, DUS, and one count of ABHAN. This appeal followed.
STANDARD OF REVIEW
In criminal cases, the appellate court reviews errors of law only. State v. Wilson, 345 S.C. 1, 5-6, 545 S.E.2d 827, 829 (2001). The trial court has considerable discretion in ruling on the admissibility of evidence. State v. Hu
Page 1 2 South Carolina DUI Attorneys
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