People v. Morgado
People v. Morgado
Opinion of the Court
The prosecuting attorney filed an information against Rafael Quiles Morgado charging him with a violation of § 5-801 of the Vehicle and Traffic Law of Puerto Rico, Act No. 141 of July 20, 1960, 9 L.P.R.A. § 1041 (Supp. 1961, p. 273), consisting in that “when he was driving (a) motor vehicle ... he was completely intoxicated, for which reason he was unable to exercise full command and control of the vehicle.” He was found guilty and sentenced to serve 10 days in jail. Besides, his driving license was suspended for a period of one year.
He points out that the trial court committed several errors which may be summarized in two basic contentions: (1) overruling the peremptory demurrer to the information; and (2) failing to order defendant’s acquittal in view of the deviations observed in the procedure for sending the blood sample taken from him. He is wrong.
(1) The information substantially follows the words of the statute which defines the crime: “It shall be unlawful for any person who is under the influence of intoxicating liquor to drive or operate any motor vehicle.” It is sufficient. Cf. People v. Rivera, ante, p. 310.
(2) The second assignment is based on that the physician who took the sample did not “fill” completely the reporting blank sent to the laboratory of the Department of Health. That is true indeed, but Dr. Orea Vela’s testimony established that the blank was filled by Supervisor Haynes in the presence of the witness, who verified that “everything that was stated by the patient was correct,” and later signed it. This is precisely all that is required by the regulation governing chemical analysis, § 3 of Regulation No.
The judgment rendered by the Superior Court, Bayamón Part on November 16, 1961, will be affirmed.
The reporting blank requires, among other things, taking down the name of the person from whom the sample is taken, his age, address, occupation, and the number of his driving license; the name, address, and public position held by the person who orders the sample; the identification and address of the institution where the sample is taken, as well as the date stating the exact hour when it is taken; the serial number in the sample vials; the name, address and public position of the person who takes it, and the names and addresses of the witnesses who witness the act.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.