The New Jersey Supreme Court ruled Monday that police in must explain the state’s implied-consent law to motorists in a language that they understand. In a 4-3 decision, the court overturned German Marquez’ conviction for refusal to take an alcohol breath test because the man, who spoke only Spanish, did not understand the consequences.
The ruling compels police officers to use a language that suspects understand when informing them the law requires a breath test. The decision could have a wide effect in New Jersey, which has 1.75 million immigrants, about a quarter of whom do not speak English fluently or at all, according to Census statistics.
The Attorney General’s office strongly disagreed with the ruling.
“There are over 150 different languages spoken in New Jersey…,” said spokesman Peter Aseltine. “This ruling effectively provides an immunity claim in a prosecution for violating the refusal statute for any drunk driver who speaks a language that the officer is unable to identify or translate.”
He said New Jersey won’t appeal to the U.S. Supreme Court, since the case involves state law. Marquez’s conviction on the driving while intoxicated charge was upheld. Read full article in Newjerseynewsroom.
I’m a liberal minded individual but thats just ridiculous. If they can’t get that ruling overturned then maybe they can make it so the officer just has to provide them a boilerplate typed statement explaining the situation in the language they speak. They could have booklets made up with the statement in every known language because its unreasonable to expect cops to learn 150 languages.
Will they now learn hebrew and yidish too…?
why can’t they just call down an interpreter, or use google translator? not such a big deal.
#3…It is a big deal. When you are arrested for DWI, the arresting officer has to read what is called the “Implied Consent” form, which is approximately 10 paragraphs and then additional paragraphs that have to be read if the subject refuses to submit to the taking of breath samples. Bottom line is, if you live here in the United States of America, you should speak English. English has been the official language since its inception. And , if you have a New Jersey driver’s license , “Implied Consent” is explained in the driving manual. Plus, I’d venture to say that in every civilized country in this world , driving drunk is illegal.
this is another reason that English only should be our policy. If you can’t read the driver’s manual you can’t take the test. How is this person driving around and can’t read the traffic signs?
Sorry, there is no official language in the United States, and English is certainly not officially recognized by the government as our official language. Having said that, the four most common languages spoken in NJ are english, spanish, chinese and japanse. I suspect 99% of the arrests will involve the first two languages so this really wont be much of a hassle.
this is a crock, if you can’t or won’t speak English, then it’s simple LEAVE! This state is bending over backwards for all the illegals and it’s sickening if you go to another country and are pulled over and arrested for drunk driving do you really think that they are going to speak English to you, think not.
It does not matter that the USA does not have an official language it is unreasonable to expect cops to learn every language. The gov should vote to have one official language and that be it!
#1 liberal minded is an oxymoron
To #3 it is a big deal come court time and you need to subpoena the translator to court and they wont come because theye are not getting paid.