"No English" Defense Works In N.J. DUI Case (driver's license, immigrants)

[Benicar]

First, “immigrants” can’t be charged with SS ID theft if they allege they thought the ID was fake. Now, they can’t be charged with a DUI in NJ unless the arresting officer communicates in a language they understand. Any guess as to what will be next?

New Jersey drunken drivers who don’t understand a police officer’s English commands are immune from prosecution thanks to a state Supreme Court ruling, which this week overturned three separate court decisions to side with a Spanish-speaking drug dealer.

The case involves a suspected illegal immigrant (German Marquez) arrested for driving drunk in 2007 after rear-ending a car in Plainfield.

No English Defense Works In N.J. DUI Case | Judicial Watch

[SourD]

I thought ignorance was no excuse to break the law?

[Gary Siete]

No, the DUI charges and the license suspension stand.

The court decision is about the charge of refusing to take a breath test. NJ law requires that a suspect be read his rights and that he understands those rights before he can be charged with refusal to take a breath test. If someone doesn't speak English and the rights are only read in English, then you can no more charge that person with refusal than you could charge an unconscious person with refusal.

"The ruling vacated Marquez’s refusal conviction and its seven-month license suspension though it did not affect the drunken driving conviction and its three-month license suspension. It also directs the state’s Motor Vehicle Commission and Attorney General’s office to create methods to inform non-English speakers about the breath-test law.

In anticipation of the ruling, the Attorney General’s office has translated the law’s 11-pararaph instruction statement in nearly a dozen languages, including Spanish, Arabic, Chinese, French, Japanese, Korean, Polish, Russian and Portuguese. This will prevent another drunken driver from utilizing the no-English defense."

[Benicar]

Originally Posted by Gary Siete

No, the DUI charges and the license suspension stand.

The court decision is about the charge of refusing to take a breath test. NJ law requires that a suspect be read his rights and that he understands those rights before he can be charged with refusal to take a breath test. If someone doesn't speak English and the rights are only read in English, then you can no more charge that person with refusal than you could charge an unconscious person with refusal.

"The ruling vacated Marquez’s refusal conviction and its seven-month license suspension though it did not affect the drunken driving conviction and its three-month license suspension. It also directs the state’s Motor Vehicle Commission and Attorney General’s office to create methods to inform non-English speakers about the breath-test law.

In anticipation of the ruling, the Attorney General’s office has translated the law’s 11-pararaph instruction statement in nearly a dozen languages, including Spanish, Arabic, Chinese, French, Japanese, Korean, Polish, Russian and Portuguese. This will prevent another drunken driver from utilizing the no-English defense."

Thanks for the clarification. However, is it not correct that a person cannot even be charged with a DUI, unless the consequences of not submitting to a breathalyzer is explained in a language they understand? At least that’s my understanding.

[Gary Siete]

Originally Posted by Benicar

Thanks for the clarification. However, is it not correct that a person cannot even be charged with a DUI, unless the consequences of not submitting to a breathalyzer is explained in a language they understand? At least that’s my understanding.

They can still be charged with DUI without a breath test - but taking a breath test requires consent - and hence understanding.

[Fox Terrier]

Originally Posted by Gary Siete

No, the DUI charges and the license suspension stand.

In anticipation of the ruling, the Attorney General’s office has translated the law’s 11-pararaph instruction statement in nearly a dozen languages, including Spanish, Arabic, Chinese, French, Japanese, Korean, Polish, Russian and Portuguese. This will prevent another drunken driver from utilizing the no-English defense."
[/i]

Good Lord! Why can't it just be that you have to speak and understand English before getting a driver's license?

Next they're going to say that they are illiterate, no matter what language they speak, thereby slithering through yet another loophole.

Are the driving tests now given in Spanish, Arabic, Chinese...etc.?

I'm ashamed of my state

[Benicar]

Originally Posted by Fox Terrier

Good Lord! Why can't it just be that you have to speak and understand English before getting a driver's license?

Next they're going to say that they are illiterate, no matter what language they speak, thereby slithering through yet another loophole.

Are the driving tests now given in Spanish, Arabic, Chinese...etc.?

I'm ashamed of my state

I don’t understand why English is not a requirement for receiving a driver’s license in this country. How on earth will drivers understand warning messages displayed on highways? Also, if this man is indeed an illegal alien, he should not have been issued a driver’s license.

[Opyelie]

and once again, a case that is SO wrong on so many levels, my brain can't even begin to unravel it to express my thoughts on it.

What the HELL is going on in this country?

[Mouser]

Originally Posted by Opyelie

and once again, a case that is SO wrong on so many levels, my brain can't even begin to unravel it to express my thoughts on it.

What the HELL is going on in this country?

Ya got that right

But cases like this will sure give the race/blame game
a good run

Looks like another case for the Dynamic Duo of race relations !

Jessie Jackson & Al Sharpton...Where are you ?

[funkykatt]

Just another aguement to get them out of here.