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State v. Bull4/22/2002
ghey, 339 S.C. 439, 454, 529 S.E.2d 721, 728-729 (2000). "On appeal, the trial court's ruling will not be disturbed absent a prejudicial abuse of discretion amounting to an error of law." State v. Sheldon, 344 S.C. 340, 342, 543 S.E.2d 585, 585-586 (Ct. App. 2001).
DISCUSSION
Bull contends the blood test results should have been excluded because the written report provided to him prior to trial failed to indicate the time the test was performed. We disagree.
S.C. Code Ann. § 56-5-2950(g) (1991) provided:
Any person required to submit to tests by the arresting officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests, prior to any trial or other proceedings in which the results of the tests are used as evidence. Any person administering a test at the request of the defendant shall record in writing the time, method, and results of the test and promptly furnish a copy to the arresting officer prior to any trial or other proceedings in which the results of the test are used as evidence.
"The primary rule of statutory construction is that the Court must ascertain the intention of the legislature." Kerr v. State, 345 S.C. 183, 188, 547 S.E.2d 494, 496 (2001). In interpreting a statute, "the court must give the words their plain and ordinary meaning without resorting to a tortured construction which limits or expands the statute's operation." State v. Dickerson, 339 S.C. 194, 199, 528 S.E.2d 675, 677 (Ct. App. 2000). Furthermore, "a statute as a whole must receive a practical, reasonable, and fair interpretation consonant with the purpose, design, and policy of the lawmakers." State v. Baker, 310 S.C. 510, 512, 427 S.E.2d 670, 672 (1993).
Based on our review of section 56-5-2950 as a whole, we find the purpose of the statute is to provide for reciprocal discovery between the State and a defendant as to the time and results of tests conducted to determine the presence of alcohol or drugs in the operator of a motor vehicle. Moreover, it appears from the second sentence of section 56-5-2950 that the time the legislature was concerned with was the time of administration of the test to the defendant, not subsequent lab work. The timing of the administration of these tests is crucial because of the ephemeral nature of blood intoxication levels. In our view, testing for purposes of this section begins when the blood or other sample is taken. Therefore, we find the trial court properly concluded the State complied with the statute by providing Bull with the time the blood was drawn. Accordingly, the trial court did not err in allowing testimony about Bull's blood alcohol test.
AFFIRMED.
CONNOR and SHULER, JJ., concur.
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