Thu 2 Jul 2009
NJ DWI Court and Geno’s Steaks say “English Only”…
Posted by Michael L. Saile, Jr., Esq. under Blog , Criminal & Traffic1 Comment
Yesterday, in State v. Marquez, a New Jersey appeals court ruled that English is the only language applicable to a drunk driving refusal charge.
A NJ DWI suspect who claimed that he spoke only Spanish contested his NJ DWI refusal case in court claiming that he did not understand the police officer reading the “refusal warnings” in English.
New Jersey like Pennsylvania is an “informed consent” law state. This means that when you drive on a road, you consent to having your Blood Alcohol Content (B.A.C.) tested.
When a NJ police officer suspects and arrests someone for Driving While Intoxicated (DWI) the officer must read specific warning language to the DWI suspect. If the NJ DWI suspect does not respond with an “unequivocal, affirmative consent” the police officer can deem the NJ DWI suspect’s actions or inaction a refusal to take B.A.C. test which will result in a separate DWI Refusal charge.
The NJ Appellate Division ruled that understanding the “refusal warnings” was not part of the statute and that it would place too much of a burden on local police officers.
The court ruled against the Defendant reasoning that because a DWI investigation is a very time sensitive it would be impossible to have a local police officer understand and translate a multitude of foreign languages.
Do you think this is fair to the DWI suspect? Should the English language rule like at Geno’s Steaks in South Philly?