German Marquez was charged with driving while impaired in the state of New Jersey after he was pulled over in Plainfield and showed signs of impairment. The man was also charged for failing to take a breath test, but criminal defense attorneys argued that he was not made aware of the consequences of not submitting to a breath test because the DUI (also known as DWI in New York) suspect did not understand English.
USA Today reports that German Marquez was convicted of both criminal charges, but thanks to an experienced criminal defense attorney, the New Jersey Supreme Court overturned the conviction on failing to take the breath test. The defendant's attorney, Michael Blackler, stated that German Marquez only spoke and understood Spanish and that DUI/DWI suspects should be informed of the consequences of refusing to take a breath test in a language that they understand. The issue of language has become a prominent issue in the criminal justice system for both New York criminal defense attorneys and New Jersey attorneys.
The Supreme Court's decision gives more rights to criminal suspects in the state of New Jersey who are non-English speakers. According to USA Today, the state of New York has already adopted similar measures. New York has laws call for "reasonable" efforts to be made by police to have those facing prosecution understand the consequences of refusing a breath test. The state also has translators that are on call 24 hours a day, seven days a week, to address any translation issues that may arise when there's a crime.
Related Resources:
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Handling of Foreign Speakers by NYPD Gets Audit (FindLaw's Blotter Blog)
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Civil Rights Enforcement (FindLaw)
