New Jersey DWI – Translation Requirement
A New Jersey Appellate Division panel of Judges ruled on July 1, 2009 that in New Jersey there is no requirement that the standard DWI statement be translated into Spanish or any other foreign language for the benefit of defendants. However, the Court’s ruling contained a recommendation that New Jersey’s Motor Vehicle Commission consider, prospectively, having the standard New Jersey DWI statement “translated into Spanish and perhaps other prevalent foreign languages.” In the case of State of New Jersey v. German Marquez, the defendant rear ended another vehicle in Plainfield, New Jersey on the night of September 27, 2007. The defendant, who speaks Spanish and neither speaks, reads, nor understands English, was taken into custody following the incident. The arresting officer read in English to the defendant the standard, eleven paragraph statement, regarding the mandatory nature of the breath test and the penalties for refusing the breath test. Following the reading of the statement, the defendant replied in Spanish, “No entiendo,” which means, “I do not understand.” The defendant refused the breath test and was charged with N.J.S.A. 39:50.2 refusal to submit to a breath test.
The Trial Judge found the defendant guilty. During the trial for the alleged DWI offense in New Jersey, the prosecution acknowledged the undisputed language barrier, but maintained the State has no duty to translate. In his ruling, the Judge found the language barrier to be “immaterial.” The Appellate Division panel of Judges affirmed the lower courts guilty finding by opining that, “In procuring his New Jersey driver’s license and in operating his automobile on our public roadways, defendant provided his advance consent to submit to a breath test.” The Court also made the point that the New Jersey license exam can be taken in Spanish and that the Motor Vehicle Commission manual is available in Spanish. Also, the manual contains a section devoted to drunk driving laws and the refusal to submit to a breath test law.
Despite affirming in this case, the Appellate Division panel of Judges acknowledged that it would be helpful to have a Spanish translation of the statement available. The Court noted that in 2007 15.9% of New Jersey’s population was identified as Hispanic. The last sentence of the opinion refers the case to the New Jersey Motor Vehicle Commission for future regulatory consideration. If you have been charged with a DWI or a Refusal to submit to a breath test in the state of New Jersey, there are many defenses you may have to these charges. The state of drunk driving laws in New Jersey is constantly evolving. Just as the world in which we live changes, so do the laws. Contact a Princeton, New Jersey DWI attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein for a free legal consultation today regarding your rights.
