Government of the Virgin Islands v. Dwence

14 V.I. 148, 1977 V.I. LEXIS 38
CourtSupreme Court of The Virgin Islands
DecidedOctober 5, 1977
DocketTraffic Nos. 1659-77 and 1660-77
StatusPublished

This text of 14 V.I. 148 (Government of the Virgin Islands v. Dwence) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Government of the Virgin Islands v. Dwence, 14 V.I. 148, 1977 V.I. LEXIS 38 (virginislands 1977).

Opinion

FEUERZEIG, Judge

MEMORANDUM OPINION

This case presents an important question of constitutional law that, as far as research discloses, is one of first impression in this jurisdiction. At issue is the scope of the constitutional privilege against self-incrimination. A subsidiary but equally important issue is the extent to which the teachings of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), are to be applied to a traffic accident investigation.

The facts are not in dispute. On April 29, 1977, at approximately 10:30 a.m., the defendant, Joseph Dwence, was driving up Cassi Hill in St. Thomas. In negotiating a curve, the left front wheel of his Volkswagen veered off the road and dropped approximately four to six inches. The defendant applied his brakes and turned the steering wheel to the right. This caused the car to turn over on its left side. As a result the defendant injured his left arm and hand. No other vehicle was involved and no property was damaged other than the defendant’s vehicle.

Upon freeing himself from the vehicle defendant went home. From there, accompanied by his wife and a friend, he went to Fort Christian to report the accident to the police as required by 20 V.I.C. § 541.1 The matter was assigned to Officer L. Andrews who asked Mr. Dwence his name. Mr. [151]*151Dwence told him. The officer then requested Mr. Dwence’s driver’s license. The defendant said he did not have one. The officer then led the defendant into a back room, orally gave him the Miranda warnings, and resumed questioning. Mr. Dwence again admitted that he did not have a valid driver’s license. He was then placed under arrest for operating a vehicle without a license, 20 V.I.C. § 371, and for leaving the scene of an accident, 14 Y.I.C. § 1382. Bail was fixed and posted in the amount of one hundred dollars. Subsequently, but before trial, the charge of leaving the scene of an accident was dismissed, at the request of the Government.

Defendant on May 18, 1977, moved to dismiss the summons and complaint, or, in the alternative, to quash the allegedly unlawful arrest and to suppress the statements he had made at the Fort. By stipulation, the parties agreed that the motion could be heard and decided based upon the evidence adduced by the Government in its case in chief. The matter was heard on May 19,1977.

The defendant contends that his initial statement, that he had no driver’s license, was made in the absence of a precautionary Miranda warning. He therefore urges the statement should be suppressed because it was obtained in violation of the Fifth and Fourteenth Amendments of the Federal Constitution. Although defendant mistakenly characterizes the incriminating statement as the “forbidden fruits” of an unlawful arrest,2 he is correct that they should be excluded if obtained in violation of his constitutional rights. Miranda v. Arizona, supra. The Government [152]*152apparently concedes the applicability of Miranda, but argues that the defendant waived his rights by his “voluntary” appearance at Fort Christian and his “spontaneous” statements to the officer, relying on Pettyjohn v. United States, 419 F.2d 651 (D.C.Cir. 1969). Defendant’s appearance, however, was not voluntary, nor were his statements spontaneous. It is disingenuous and, as the defendant points out, inconsistent for the Government to suggest that Dwence’s appearance at the Fort to report the accident was voluntary when he did so pursuant to a statutory obligation, 20 V.I.C. § 541, which, if violated, would have rendered him criminally liable to a fine of up to $500 or one year in jail, or both. 20 V.I.C. § 544(c).3 A less “voluntary” situation is difficult to imagine.4

The Government’s contention that the statement was “spontaneous” or “threshold,” as well as its reliance on Pettyjohn, supra, must be rejected. In Pettyjohn the defendant voluntarily entered the police station and before the utterance of a single word by the police, confessed to a murder. By contrast, Dwence reported to Fort Christian under compulsion of law and admitted that he did not have a license only in response to Officer Andrews’ demand for production. The admission was thus neither spontaneous nor threshold as it was made in the context of an investigation into an auto accident.

This, however, does not end the court’s inquiry as to the admissibility of defendant’s admission. The further question that arises is what, if any, application does the Fifth Amendment protection against self-incrimination have to motor vehicle operators in the context of an [153]*153investigation of a motor vehicle accident. Although the issue was apparently unrecognized and, therefore, not briefed by counsel for either side, the court holds that the Fifth Amendment does not give a motorist the privilege of refusing to produce his license when requested to do so by a police officer in the process of a traffic accident investigation. Moreover, the defendant’s admission is admissible even in the absence of a Miranda warning.

In deciding the case sub judice, the court is guided by California v. Byers, 402 U.S. 424, 91 S.Ct. 4535, 28 L.Ed.2d (1971). Byers had illegally passed another vehicle causing an accident, but had failed to stop and identify himself to the other motorist in violation of California’s “hit and run” statute. He challenged the constitutionality of the statute on the grounds that it coerced an admission from him that he was the driver of a vehicle involved in an accident; that such an admission was a vital link in the chain of evidence leading to ultimate prosecution and conviction, and that the statute thus impermissibly ran afoul of the self-incrimination clause of the Fifth Amendment.

A majority of the Supreme Court, over a sharply worded dissent, upheld the statute. The plurality opinion observed that organized society imposes many burdens on its citizens, not the least of which are self-reporting requirements on a wide variety of activities ranging from income tax returns to industrial pollution reports. The Court noted that in many cases there is the possibility, often very real, of self-incrimination and of subsequent criminal prosecutions for offenses disclosed by the information filed. However, the Supreme Court found that “the mere possibility of incrimination is insufficient to defeat the strong policies in favor of a disclosure called for by statutes like the one challenged here.” 402 U.S. at 428, 91 S.Ct. at 1538. Furthermore, the plurality concluded that an “extravagant” expansion of the right against self-incrimination [154]*154would result from a determination that the statutory scheme was “testimonial in the Fifth Amendment sense.” 402 U.S. at 481, 91 S.Ct. at 1539. Moreover, the Court said, “disclosure of name and address is an essentially neutral act,” which is necessary to carry out the legitimate police powers of regulating the use of motor vehicles. 402 U.S. at 432, 91 S.Ct. at 1540.

The statute in Byers did not, however, also require a motorist to report to police as does the Virgin Islands statute, nor did it require the driver to produce his driver’s license as was requested of Dwence in this case. In People v.

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14 V.I. 148, 1977 V.I. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-virgin-islands-v-dwence-virginislands-1977.