People v. Rodríguez
People v. Rodríguez
Opinion of the Court
Jorge Luis Monroig Rodriguez was charged with and found guilty of 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, consisting in that on March 5, 1961 he was driving and operating a motor vehicle under the influence of intoxicating liquor. He was sentenced to serve 30 days’ imprisonment in jail and his driver’s license was suspended for a period of one year.
On appeal, the errors assigned challenge the sufficiency of the evidence. We sum up the evidence hereinbelow.
Luis Correa Román
Appellant Monroig testified that in order to avoid a collision with another oncoming vehicle which “ran into me with the lights on,” he swerved his automobile and collided against the railing of a bridge; that because of the accident he waited for the police to arrive; that Captain Rivera ordered Sergeant Colón to take him to have the blood taken; that he was taken to the Municipal Hospital of Naguabo and the sample was taken; and that one of the samples and copy of the notice of remittance were delivered to him.
In fact, the only evidence introduced to establish the offense was the result of the analysis of the sample taken to defendant, since the bare statement of Sergeant Colón that “I noticed that he had taken intoxicating liquor” is but the expression of an opinion, without stating the facts object of the trial. However, subd. (b) (8) of the section violated clearly provides “if there was at the time of the analysis fifteen (15) hundredths of one (1) per cent or more by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was under the influence of intoxicating liquor at the time of the alleged violation.” Since this is so, defendant was bound to overcome the effect of the presumption. An examination of his testimony reveals that he failed to do so; in fact, he did not even attempt to do it. People v. Superior Court; Carrion, Int., 86 P.R.R. 791 (1962) ; People v. Echevarría, ante, p. 196; People v. Riego, ante, p. 554;
The other issues posed by appellant are frivolous.
The judgment rendered by the Superior Court, Humacao Part, on September 11, 1961 will be affirmed.
He was also produced as the only defense witness.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.