In Re Jones, in Re

• Citation: 130 Fla. 667,178 So. 424
• Parties: In re JONES.
• Decision Date: 22 January 1938
• Court: United States State Supreme Court of Florida

178 So. 424

130 Fla. 667

In re JONES.

Florida Supreme Court

January 22, 1938

En Banc.

Original habeas corpus proceeding by George Jones.

Petitioner remanded to custody of the sheriff of Flagler County.

COUNSEL De Hoff & De Hoff, of Jacksonville, for petitioner.

Cary D Landis, of Tallahassee, and Tyrus A. Norwood, of Tampa, for respondent.

OPINION

CHAPMAN Justice.

On petition for a writ of habeas corpus it has been made to appear that George Jones is being unlawfully deprived of his liberty by the sheriff of Flagler county, fla., for a violation of chapter 13699, Acts 1929, Laws of Florida, viz.:

'Section 1. That it shall be unlawful for any operator of any motor vehicle on any public thoroughfare in this State who has inflicted injury or damage or put in jeopardy the person or property of another, to leave the scene of the accident where such damage to person or property was inflicted or put in jeopardy without stopping his vehicle and rendering all possible assistance to help any person who may have been injured in the accident or put in jeopardy thereby, without making known to the persons who may be present at the scene where such accident occurred, his or her full, true and correct name and address, regardless of whether or not the injury to the person or property or putting in jeopardy was done through the negligence or carelessness of the person inflicting the injury to such person or property.'

The return as made by the sheriff of Flagler county, Fla recited that petitioner is held under a warrant issuing out of the county judge's office of Flagler county, Fla., dated October 25, 1937, which is as follows:

'State of Florida vs George Jones

'In Court of County Judge, Flagler County, State of Florida.

'In the Name of the State of Florida, to the Sheriff or any Constable of said cOunty:

'R. A. Powell having this day made oath before me that on the 20th day of September A. D. 1937, in the County Aforesaid, one George Jones, while operating or being in charge of a motor vehicle then and there being driven along State Road No. 41 in Flagler County, Florida, did strike and injure the person of one Felton Gipson and without making known to the persons present his full, true and correct name and address, did unlawfully depart from the scene of such accident, contrary to the statute in such case made and provided, and against the peace and dignity of the State of Florida. These are therefore to command you forthwith to arrest the said George Jones and bring him before me to be dealt with according to law.

'Given under my hand and seal this 25th day of October, A. D. 1937.

'[Seal]

H. A. Eisenbach

'County Judge, Flagler County,

Florida.'

Petitioner contends that the warrant, supra, based on section 1, chapter 13699, Acts 1929, is void and unconstitutional and specifically violates (a) section 12, Declaration of Rights of the Florida Constitution, vix.:

'No person shall be subject to be twice put in jeopardy for the same offence, nor compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken without just compensation.'

(b) Article 5 of Amendments to U.S. Constitution, viz.:

'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.'

The law requires owners of motor vehicles to apply for a license to operate the same over the higheays of Florida. The application must be in writing disclosing certain information, and a full and complete description of said vehicle must be given. The name, age, and business address of the owner must be stated. When the application is filed in the office of the Motor Vehicle Commission and the same is duly approved and upon payment of the named fee, the owner is granted or given a numbered plate to be attached to the motor vehicle as a condition precedent to the right and privilege to operate the motor vehicle upon the highways of Florida, and this license must be obtained annually, or semiannually, as prescribed by the statutes of Florida. The law prescribed the rate of speed that a car must be operated on the highways, with other conditions.

The owners of motor vehicles accept a license to operate their cars upon the highways of Florida subject to all legal regulations existing or later enacted which the Legislature thought or believed the interests of the general public required. The regulation of conduct of motorists involved in accidents or collisions was essential to the protection of human life. The giving of the information required, supra, has been upheld by courts of many states without violating the constitutional rights of citizens.

In volume 8, paragraph 5399, pages 134-136 of Cyclopedia of Automobile Law, it was said:

'5399. Disclosing Identity or Rendering Assistance after Accident. There are statutes in many states making it compulsory for the operator of an automobile, after knowingly colliding with or otherwise causing injury to another person, to bring his vehicle to a stop, return to the scene of the accident, give his name and address, the number of his license, the registration number of the vehicle and the name and address of each occupant, or to comply with similar requirements. A failure to observe these statutory requirements amounts to a criminal offense.

'Such statutes are not unconstitutional in that they require the driver to furnish evidence which may be used against him in a criminal proceeding. They are within the valid exercise of the police power. They are sustained on the ground that the operation of an automobile upon the...