In English Only NJ DWI Case Court Recommends DMV Transate Instructions / Compare to 2008 NY Case
Tuesday, July 07, 2009
- Organization: NJ Judiciary
In State v. Marquez, NO. A-5044-07T4, (N.J.Super.A.D. Jul 01, 2009), the Appellate Division has ruled that New Jersey law authorizes that people who have been arrested for drunk driving can be informed of their obligation to submit to breath-testing in solely in English. But the court also recommended that state authorities consider translating the instructions into Spanish and other widely spoken languages, or provide a recording that officers can play for those who don't understand English.
In People v Garcia-Cepero, 22 Misc.3d 490 (Bronx S.Ct, 2008), http://ny.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CNY%5C2008%5C20081023_0010560.NY.htm/qx, the Court found the police department procedure of conducting roadside sobriety tests to English speaking defendants, but not non-English speaking defendants, violated Equal Protection guarantees and only playing Spanish language video warning of effect of refusal to submit to blood alcohol test, with-out providing interpreter, denied defendant of due process.