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Bazemore v. State

DUI defendant was entitled to discover those records of the state forensic chemist that related to the actual test of his blood.

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This case appears before us for the third time.1 The only remaining question is whether the trial court erred in quashing Bazemore’s subpoena for production of numerous records from the State’s forensic chemist related to the blood test that led to his conviction of driving with an unlawful blood-alcohol level.

In Bazemore I, we affirmed Bazemore’s conviction for driving with an unlawful alcohol concentration and speeding. The Supreme Court granted certiorari and remanded the case for reconsideration in light of Price v. State, 269 Ga. 222, 224 2 498 SE2d 262 1998, which was based in part on Eason v. State, 260 Ga. 445 396 SE2d 492 1990, overruled in part by State v. Lucious, 271 Ga. 361, 365 4 b 518 SE2d 677 1999 see footnote 2, infra.. In Bazemore II, because we could not determine the basis for the trial court’s original order, we vacated the judgment of driving with an unlawful alcohol concentration and remanded the case to the trial court for reconsideration of the ruling on the motion to quash in light of Price and Eason.

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