NJ Supreme Court: Suspects must be informed in native language

[chanel]

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 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.

Marquez’s 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 General’s 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.

 

[Truthmatters]

Ummm dude they can have the info ready on cards for the cops to read to them.

 

[chanel]

Ummm. Dude. Do you think the fucking cops can read Chinese? You are dumber than dirt.

This is the plan:

and posted the recordings on a state website, where police can play them for suspects before breath tests.

 

[Liability]

I don't know about New Jersey, but in NY it is a crime/violation to refuse a breath test. Drivers pulled over on suspicion of DWI or DWAI MUST be informed that if they refuse the test, they will be sanctioned.
(The legal rational is that it would be unfair to sanction anybody for saying "no" unless they are advised ahead of time that there will be adverse consequences.)

I suppose it is similar to Miranda warnings inasmuch as giving the warnings in English to a person who speaks only Spanish is pretty much the same as not giving the warnings at all.

On the other hand, anybody who has taken the driver's test SHOULD have already been educated on the requirement.

It does seem pretty ridiculous, though, to compel officers to sign into a State website to get the Farsi language version of the DWI breath test warnings (and/or the Miranda warnings). Why must we demand that officers play the role of remedial education teachers?

We (as a society) really need to give some thought to opening a dialog on the question of what we are doing in this regard. One can be "all for" the Constitutional RIGHT of a suspect to remain silent without endorsing the fairly absurd notion that arresting officers are obligated to "teach" suspects all about their Constitutional rights.

 

[Dante]

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

 

[Liability]

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

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.

 

[chanel]

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 driver’s exam in that language, and that the requirement of consenting to a breath test is clearly explained in the driver’s 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 driver’s manual” than are English speakers. It also mentions the wide availability of telephone translation services.

The ACLU’s 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 driver’s 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.

VDARE.com: 06/14/10 - Drunk, Driving, And Don’t Know English? New Jersey Is The Place for You!

Oh and I thought this was interesting:

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,

UPDATE: Somerset County arrests 25 in largest single drug seizure in 15 years | mycentraljersey.com | MyCentralJersey.com

Ah. Our tax dollars at work...

 

[Dante]

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.

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?

 

[Dante]

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 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.

Marquez’s 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 General’s 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.

Marquez’s 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 General’s office has already moved to translate instructions about the test into other languages.

 

[Baruch Menachem]

I would love to see the babblefish version of the miranda warning and back.

Even really easy stuff comes back really weird.

 

[ConHog]

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.

 

[Quantum Windbag]

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.

 

[Dante]

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 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.

Marquez’s 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 General’s 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.

Why no link?

 

[Dante]

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.

The breathalyzer is a shitty technique to begin with.

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.

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 majority’s decision undercuts the state’s implied consent law, which requires that drivers submit to breath tests.

I agree with the dissent, but would argue to get rid of the breathalyzer.

 

[Baruch Menachem]

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.

I don't think dialect is an issue. All spanish is castillian spanish. All French is Parisan French.

Everyone east of Suez speaks Korean.

 

[Liability]

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?

Wow, are you ever impressive. You "saw" that I have posted in another thread a few times. Astounding. How ever do you do it?

Does it embarrass you when retards point at you and giggle feeling all superior?

Anyway, I require no advice from used toilet paper such as you.

When I DO want advice from you, I'll give it to you so you can repeat it, ya hapless, helpless, hopeless, homo jerkoff.

 

[Liability]

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.

 

[Dante]

.



liability enters the debate.

 

[ConHog]

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.

Pictograms

 

[Liability]

.



liability enters the debate.

Only a sub moron would consider my responsive post "off topic," thereby explaining your latest drivel, dainty.

Were you conscious when they surgically removed your frontal lobes?