Muni-mail – Refusal Warning Must be in Suspect’s own Language – State v. Marquez

[07/12/10 – 10:21 am] In a stunning 4-3 decision, the New Jersey supreme Court ruled this morning in State v. Marquez that a person who has been arrested for drunk driving has the right to be informed of the obligation to submit to a breath test in the language he speaks. The Court’s holding reversed an Appellate Division decision which had upheld the conviction of a defendant who had been read the standard warning statement (commonly known as paragraph 36) in English even though he only spoke Spanish. In order to implement the new procedures for those who speak foreign languages, the Court will rely upon the efforts of the Attorney General and the Motor Vehicle Commission to provide a means of having paragraph 36 available in a wide variety of foreign languages spoken in our state.

Download a copy of the case, State v. Marquez.

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Category: Muni-Mail Archive