A US state has introduced new language laws relating to drunk-driving suspects.
The Supreme Court of New Jersey has declared that all persons suspected of driving under the influence of alcohol (DUI) must be provided with breath-test instructions in their first language.
The court voted 4-3 in favour of the new rule. Until now, suspects only had to be warned in English of the consequences of failing to submit to a breath test. Now, police officers will have to supply suspects with printed instructions and warnings in their own language if English is not their native tongue.
The move follows the case of German Marquez, a Salvadoran man convicted of refusal to give a breath test. He did not contest the DUI conviction, but did contest the refusal charge, saying he did not understand the instructions he was being given.
Mr. Marquez was taking prescription drugs for eye pain, and told the court he attempted to explain to officers that this was the reason for his dizziness.
The court's new ruling overturns Marquez's conviction for refusal to submit to a test.
Marquez's lawyer, Michael Blacker, told the court that translation would "level the playing field equal to English speakers."
According to lawyer Jeffrey Mandel, who supported Marquez, US states normally take one of two approaches to warning statements about refusal to give a breath test. Speaking to USA Today, he said that some states require only that the statement be read, not understood, where others require police officers to make "reasonable efforts" to ensure the statement is understood.
Other states are expected to follow New Jersey's Supreme Court in their landmark decision.
26 July 2010
Go back to July 2010
