The New Jersey Supreme Court ruled today that motorists arrested for DWI have the right to be informed of their obligation to submit a breath sample in a language understood by them, before they may be charged with Refusal.
"Refusal" refers to a motor vehicle charge based on one's unwillingness or refusal to provide a breath sample, which is analyzed in New Jersey by the Alcotest. By law, all motorists who operate in the state are deemed to have given "implied consent" to measure the alcohol in their blood under N.J.S.A. 39: 4-50.2.
Often referred to as the "standard statement" or paragraph 36, each individual charged with DWI must be informed of their obligation and the consequences for refusing by having an 11-point or paragraph warning read to them, usually by the arresting officer. As one might expect, this document, which was last revised in April, 2004, is prepared in english.
In State of New Jersey v. German Marquez, the defendant did not speak or understand english, only spanish as his surname suggests. Furthermore, the police officer who read the warning and advisory had no reason to believe that the accused understood english either.
The Supreme Court wrote: "In essence, reading the standard statement to motorists in a language they do not speak is akin to not reading the statement at all. The latter scenario renders a conviction defective."
Accordingly, the Court ordered the New Jersey Motor Vehicle Commission to prepare means of accommodating the language needs of all New Jersey motorists.
Although this decision may have carved out a significant defense to Refusal for certain non-english-speaking defendants, the Supreme Court ruled that the burden to show that one did not speak or understand english rested with the accused.
