People v. González Rivera
People v. González Rivera
Opinion of the Court
delivered the opinion of the Court.
Appellant was driving a motor vehicle and had an accident. He was charged with violation of § § 5-201 and 5-801 of the Vehicle and Traffic Law, 9 L.P.R.A. §§ 871 and 1041. The case for violation of § 5-201
. The case for violation of § 5-801 — driving a motor vehicle under the influence of intoxicating liquor — having been called, the defendant invoked the defense of former jeopardy on the ground that in the case for violation of § 5-201 evidence was presented that he was driving the vehicle under the influence of intoxicating liquor. He alleges that that circumstance was
The Constitution of Puerto Rico in § 11 of the Bill of Rights prescribes that “no person shall be twice put in jeopardy of punishment for the same offense.” In People v. Rivera Ramos, 88 P.R.R. 593 (1963) we considered a phase of the problem posed by the application of this constitutional provision.
The Supreme Court of the United States in Blockburger v. United States, 284 U.S. 299 (1932) considering a similar situation, although in connection with other offenses, sets forth the rule to be followed in applying the constitutional provision which bars that a person be twice placed in jeopardy of punishment for the same offense:
“The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not. Gavieres v. United States, 220 U.S. 338, 342, and authorities cited. In that*660 case this court quoted from and adopted the language of the Supreme Court of Massachusetts in Morey v. Comm., 108 Mass. 433: ‘A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which' the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.’ ”
In the situation of facts presented in this case, the violation of § 5-201 requires a proof different from that required in the case for violation of § 5-801. In the latter the case was established by merely proving that the defendant was driving the vehicle under the influence of intoxicating liquor. In the first it was required that he be driving recklessly and to have caused injuries to a person.
In City of Akron v. Kline, 135 N.E.2d 265 (Ohio 1956) a situation of facts like the one of the instant case is presented and it was held that conviction of reckless driving does not preclude subsequent conviction of driving while intoxicated.
The judgment appealed from, rendered by the Superior Court, San Juan Part, on January 17, 1966, will be affirmed.
Section 6-201 provides:
“Any person who carelessly and recklessly operates a motor vehicle,*658 showing himself unmindful of the public rights and safety; or without due care and prudence; or in a manner which endangers or may endanger life and property; or who through the reckless driving of a motor vehicle causes injuries to another person, shall he guilty of reckless driving and upon conviction punished by a fine of not less than one hundred (100) dollars nor more than two thousand (2,000) dollars, or by imprisonment in jail for a term of not less than one month nor more than two (2) years, or both, in the discretion of the court.”
In Rivera Ramos we considered whether the conviction for a minor offense included in a higher offense was a bar to the prosecution for the higher offense.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.