Police Must Explain Breath-Test Requirement In Language DWI Suspect Understands, Supreme Court Rules

PD enforcing on riverNew Jersey’s Supreme Court ruled today that police must inform drunken driving suspects in a language they speak or understand that they are legally required to take a Breathalyzer test. The 4 to 3 decision written by Chief Justice Stuart Rabner, stemmed from the case of German Marquez, who was charged with driving drunk when he rear-ended another car near a Plainfield intersection on Sept. 20, 2007.

Marquez, who speaks only Spanish, did not understand an officer’s instructions in English that he was required by state law to take a breath test to determine if he was intoxicated, his lawyer said. Read more in Star Ledger

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