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New Jersey's Supreme Court ruled today that police must inform drunken driving suspects in their native language 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 being 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 officers instructions in English that he was required by state law to take a breath test to determine if he was intoxicated, his lawyer said.
Marquezs conviction for drunken driving remains intact after the Supreme Court decision. But his conviction for refusing to take a breath test was vacated.
The majority decision acknowledged that the Attorney Generals office has already moved to translate instructions about the test into other languages.
In April, the state recorded them in 10 languages -- Arabic, Chinese, English, French, Japanese, Korean, Polish, Russian, Portuguese, and Spanish -- and posted the recordings on a state website, where police can play them for suspects before breath tests.
New Jersey's Supreme Court ruled today...
Anyone who passed their driver's test, should know about informed consent. The cops should not have to "educate them".
How will this work? Drunk all over the road, gets pulled over, cop must find a computer to translate instructions... None available? System down? Speak Farsi? " Then go ahead fella. Kill someone. " Unfrickenbelievable. Our tax dollars at work.
New Jersey's Supreme Court ruled today...
Anyone who passed their driver's test, should know about informed consent. The cops should not have to "educate them".
How will this work? Drunk all over the road, gets pulled over, cop must find a computer to translate instructions... None available? System down? Speak Farsi? " Then go ahead fella. Kill someone. " Unfrickenbelievable. Our tax dollars at work.
get a life
The American Civil Liberties Union has filed an amicus brief in support of mandatory translation of the consent statement. To the argument that Spanish speakers can study for the drivers exam in that language, and that the requirement of consenting to a breath test is clearly explained in the drivers manual, the ACLU counters that Spanish speakers are unfairly treated because they are held to a higher standard of remembering their prior study of the drivers manual than are English speakers. It also mentions the wide availability of telephone translation services.
The ACLUs demand for mandatory translation in cases involving tests of alcohol levels derives from the proposition that this is implied when the State makes study materials and testing available in foreign languages. In other words, according to the ACLU the accommodations extended to non-English-speaking applicants for drivers licenses must logically extend to the next step, in this case the consent to take breath tests.
It apparently did not occur to anyone to look backward and question the initial absurdity of allowing people unable to understand and communicate in the language of the country to drive on its roads. This proposition never made sense, and the longer we tolerate it the more irrational will be the demands the flow from it.
NORTH PLAINFIELD More than two pounds of cocaine, about $50,000 in cash and three vehicles were seized in what authorities are calling the largest single drug seizure in Somerset County in the past 15 years.
The four-month undercover investigation also resulted in the arrest of 25 people, said Somerset County Prosecutor Wayne J. Forrest.
The investigation was named Operation Dirty Laundry because two of its main targets German Marquez, 25, and Jose Santos Monrroy Galdamez, 49 allegedly distributed cocaine at numerous self-service laundries,
Anyone who passed their driver's test, should know about informed consent. The cops should not have to "educate them".
How will this work? Drunk all over the road, gets pulled over, cop must find a computer to translate instructions... None available? System down? Speak Farsi? " Then go ahead fella. Kill someone. " Unfrickenbelievable. Our tax dollars at work.
get a life
Dainty:
Just because you are too limited to grasp it doesn't mean that chanel's post lacks value.
chanel doesn't need to get a life. The OP is meritorious. You need to inject some actual purpose into your worthless existence.
Marquezs conviction for drunken driving remains intact after the Supreme Court decision. But his conviction for refusing to take a breath test was vacated.New Jersey's Supreme Court ruled today that police must inform drunken driving suspects in their native language 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 being 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 officers instructions in English that he was required by state law to take a breath test to determine if he was intoxicated, his lawyer said.
Marquezs conviction for drunken driving remains intact after the Supreme Court decision. But his conviction for refusing to take a breath test was vacated.
The majority decision acknowledged that the Attorney Generals office has already moved to translate instructions about the test into other languages.
In April, the state recorded them in 10 languages -- Arabic, Chinese, English, French, Japanese, Korean, Polish, Russian, Portuguese, and Spanish -- and posted the recordings on a state website, where police can play them for suspects before breath tests.
Anyone who passed their driver's test, should know about informed consent. The cops should not have to "educate them".
How will this work? Drunk all over the road, gets pulled over, cop must find a computer to translate instructions... None available? System down? Speak Farsi? " Then go ahead fella. Kill someone. " Unfrickenbelievable. Our tax dollars at work.
New Jersey's Supreme Court ruled today that police must inform drunken driving suspects in their native language 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 being 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 officers instructions in English that he was required by state law to take a breath test to determine if he was intoxicated, his lawyer said.
Marquezs conviction for drunken driving remains intact after the Supreme Court decision. But his conviction for refusing to take a breath test was vacated.
The majority decision acknowledged that the Attorney Generals office has already moved to translate instructions about the test into other languages.
In April, the state recorded them in 10 languages -- Arabic, Chinese, English, French, Japanese, Korean, Polish, Russian, Portuguese, and Spanish -- and posted the recordings on a state website, where police can play them for suspects before breath tests.
Anyone who passed their driver's test, should know about informed consent. The cops should not have to "educate them".
How will this work? Drunk all over the road, gets pulled over, cop must find a computer to translate instructions... None available? System down? Speak Farsi? " Then go ahead fella. Kill someone. " Unfrickenbelievable. Our tax dollars at work.
My only question is, how are the cops going to know what language the guy speaks? There are thousands of dialects of Chinese, for example, and no one can possibly differentiate between them without training. this is goint to be a nightmare to enforce.
Marquez, who speaks only Spanish, did not understand an officers instructions in English that he was required by state law to take a breath test to determine if he was intoxicated, his lawyer said.
http://www.nj.com/news/index.ssf/2010/07/nj_police_must_explain_drunken.html
Justice Jaynee LaVecchia wrote a separate decision joined by two other justices, Helen Hoens and Roberto Rivera-Soto, dissenting in part and concurring in part. They argued that the majoritys decision undercuts the states implied consent law, which requires that drivers submit to breath tests.
My only question is, how are the cops going to know what language the guy speaks? There are thousands of dialects of Chinese, for example, and no one can possibly differentiate between them without training. this is goint to be a nightmare to enforce.
get a life
Dainty:
Just because you are too limited to grasp it doesn't mean that chanel's post lacks value.
chanel doesn't need to get a life. The OP is meritorious. You need to inject some actual purpose into your worthless existence.
hey, I see you hanging out in another thread with the latest member of your crew, daveman-chopper-boy. why don't you go back over there are continue the circle jerk and leave well enough alone?
I have no problem with this. Simple. All LEO have mobile internet access now, bring up the required screen point and tell them to read. If they refuse to read, that's implied consent same as if you refuse the breathalyzer off to jail with you.
I have no problem with this. Simple. All LEO have mobile internet access now, bring up the required screen point and tell them to read. If they refuse to read, that's implied consent same as if you refuse the breathalyzer off to jail with you.
Unless they are illiterate, too.
.
liability enters the debate.
