No English Defense Works In N.J. DUI Case - THIS IS INSANE

Another judge took a bribe

http://www.judicialwatch.org/blog/20...works-dui-case

No English Defense Works In N.J. DUI Case
ViewDiscussion.Last Updated: Tue, 07/13/2010 - 11:50am

New Jersey drunken drivers who don’t understand a police officer’s
English commands are immune from prosecution thanks to a state Supreme
Court ruling, which this week overturned three separate court
decisions to side with a Spanish-speaking drug dealer.

The case involves a suspected illegal immigrant (German Marquez)
arrested for driving drunk in 2007 after rear-ending a car in
Plainfield. Marquez appeared intoxicated and the police officer on the
scene smelled alcohol on his breath. For decades New Jersey law has
required all drivers operating a vehicle on public roads to consent to
a breath test. Those who refuse automatically get prosecuted for not
complying.

Marquez, who is currently in jail for an unrelated drug conviction,
claimed that he did not understand the arresting officer’s instruction
that the breath test is legally required because he speaks only
Spanish. No state, including New Jersey, requires a translation of the
consequences of refusing to take an alcohol breath test. That’s why
the 27-year-old drug dealer, who had a valid New Jersey drivers’
license, got convicted in Plainfield Municipal Court and lost two
appeals before the state’s High Court delivered a victory this week.

In its 4-3 ruling, New Jersey’s Supreme Court said that the police
officer’s efforts to communicate the state’s mandatory breath test in
English failed to effectively inform Marquez in the same fashion that
English speakers would be informed. “The statute’s obligation to
‘inform’ calls for more than a rote recitation of English words to a
non-English speaker,” the court wrote. “Such a practice would permit
Kafkaesque encounters in which police read aloud a blizzard of words
that everyone realizes is incapable of being understood because of a
language barrier."

The ruling vacated Marquez’s refusal conviction and its seven-month
license suspension though it did not affect the drunken driving
conviction and its three-month license suspension. It also directs the
state’s Motor Vehicle Commission and Attorney General’s office to
create methods to inform non-English speakers about the breath-test
law.

In anticipation of the ruling, the Attorney General’s office has
translated the law’s 11-pararaph instruction statement in nearly a
dozen languages, including Spanish, Arabic, Chinese, French, Japanese,
Korean, Polish, Russian and Portuguese. This will prevent another
drunken driver from utilizing the no-English defense.

On Jul 14, 10:55*pm, "Criminal Drivers Murder 40,000 Americans a Year"
> wrote:
> Another judge took a bribe
>
> http://www.judicialwatch.org/blog/20...efense-works-d...
>
> No English Defense Works In N.J. DUI Case
> ViewDiscussion.Last Updated: Tue, 07/13/2010 - 11:50am
>
> New Jersey drunken drivers who don’t understand a police officer’s
> English commands are immune from prosecution thanks to a state Supreme
> Court ruling, which this week overturned three separate court
> decisions to side with a Spanish-speaking drug dealer.
>
> The case involves a suspected illegal immigrant (German Marquez)
> arrested for driving drunk in 2007 after rear-ending a car in
> Plainfield. Marquez appeared intoxicated and the police officer on the
> scene smelled alcohol on his breath. For decades New Jersey law has
> required all drivers operating a vehicle on public roads to consent to
> a breath test. Those who refuse automatically get prosecuted for not
> complying.
>
> Marquez, who is currently in jail for an unrelated drug conviction,
> claimed that he did not understand the arresting officer’s instruction
> that the breath test is legally required because he speaks only
> Spanish. No state, including New Jersey, requires a translation of the
> consequences of refusing to take an alcohol breath test. That’s why
> the 27-year-old drug dealer, who had a valid New Jersey drivers’
> license, got convicted in Plainfield Municipal Court and lost two
> appeals before the state’s High Court delivered a victory this week.
>
> In its 4-3 ruling, New Jersey’s Supreme Court said that the police
> officer’s efforts to communicate the state’s mandatory breath test in
> English failed to effectively inform Marquez in the same fashion that
> English speakers would be informed. “The statute’s obligation to
> ‘inform’ calls for more than a rote recitation of English words to a
> non-English speaker,” the court wrote. “Such a practice would permit
> Kafkaesque encounters in which police read aloud a blizzard of words
> that everyone realizes is incapable of being understood because of a
> language barrier."
>
> The ruling vacated Marquez’s refusal conviction and its seven-month
> license suspension though it did not affect the drunken driving
> conviction and its three-month license suspension. It also directs the
> state’s Motor Vehicle Commission and Attorney General’s office to
> create methods to inform non-English speakers about the breath-test
> law.
>
> In anticipation of the ruling, the Attorney General’s office has
> translated the law’s 11-pararaph instruction statement in nearly a
> dozen languages, including Spanish, Arabic, Chinese, French, Japanese,
> Korean, Polish, Russian and Portuguese. This will prevent another
> drunken driver from utilizing the no-English defense.

Hey numbnuts. Read your own post. There is nothing in there about
overturning a dui conviction. In fact it specifically states that
that conviction still stands.

Harry K

On Jul 15, 8:27*am, Harry K > wrote:

>
> Hey numbnuts. *Read your own post. *There is nothing in there about
> overturning a dui conviction. *In fact it specifically states that
> that conviction still stands.
>

Hey stupid. You come to america, learn the language.

SFB spewed:

>On Jul 15, 8:27*am, Harry K > wrote:
>
>>
>> Hey numbnuts. *Read your own post. *There is nothing in there about
>> overturning a dui conviction. *In fact it specifically states that
>> that conviction still stands.
>>
>
>Hey stupid. You come to america, learn the language.

Then learn to speak Cherokee, pale face.

--
"I... Can't drive... FIFTY-FIVE!!"
--Sammy Hagar

On Jul 15, 10:15*am, necromancer
<Zidane's_Last_Red_Card@worldofnecromancer_no_spam _no_way.org> wrote:
> SFB spewed:
>
> >On Jul 15, 8:27*am, Harry K > wrote:
>
> >> Hey numbnuts. *Read your own post. *There is nothing in there about
> >> overturning a dui conviction. *In fact it specifically states that
> >> that conviction still stands.
>
> >Hey stupid. You come to america, learn the language.
>
> Then learn to speak Cherokee, pale face.
>
> --
> "I... Can't drive... *FIFTY-FIVE!!"
> * * * * * * * * * *--Sammy Hagar

Nope, the Cherokees lost that war and were conquered. Which is what's
going to white people this century.

On Jul 15, 11:15*am, necromancer
<Zidane's_Last_Red_Card@worldofnecromancer_no_spam _no_way.org> wrote:
> SFB spewed:
>
> >On Jul 15, 8:27*am, Harry K > wrote:
>
> >> Hey numbnuts. *Read your own post. *There is nothing in there about
> >> overturning a dui conviction. *In fact it specifically states that
> >> that conviction still stands.
>
> >Hey stupid. You come to america, learn the language.
>
> Then learn to speak Cherokee, pale face.
>

Injuns don't count. Welfare bums sit around drinking firewater all
day.

On Jul 15, 9:32*am, "Criminal Drivers Murder 40,000 Americans a Year"
> wrote:
> On Jul 15, 8:27*am, Harry K > wrote:
>
>
>
> > Hey numbnuts. *Read your own post. *There is nothing in there about
> > overturning a dui conviction. *In fact it specifically states that
> > that conviction still stands.
>
> Hey stupid. You come to america, learn the language.

What's the problem numbnuts? Can't understand plain English? There
is nothing there about overturning a DUI.

Care to try again and again display your ignorance?

Harry K

On Jul 15, 9:26*pm, Harry K > wrote:
>
>
> What's the problem numbnuts? *Can't understand plain English? *There
> is nothing there about overturning a DUI.
>
> Care to try again and again display your ignorance?
>
> Harry K

If you love mexico so much, why don't you move there, hateboy?

On Jul 15, 8:41*pm, "Speeders & Drunk Drivers Are Murderers"
> wrote:
> On Jul 15, 9:26*pm, Harry K > wrote:
>
>
>
> > What's the problem numbnuts? *Can't understand plain English? *There
> > is nothing there about overturning a DUI.
>
> > Care to try again and again display your ignorance?
>
> > Harry K
>
> If you love mexico so much, why don't you move there, hateboy?

Still trying to avoid admitting you are so stupid you don't understand
plain English?

Harry K

On Jul 14, 10:55*pm, "Criminal Drivers Murder 40,000 Americans a Year"
> wrote:
>
> No English Defense Works In N.J. DUI Case
> ViewDiscussion.Last Updated: Tue, 07/13/2010 - 11:50am
>
> New Jersey drunken drivers who don’t understand a police officer’s
> English commands are immune from prosecution thanks to a state Supreme
> Court ruling, which this week overturned three separate court
> decisions to side with a Spanish-speaking drug dealer.
>
> <BIG SNIP>
>
> In anticipation of the ruling, the Attorney General’s office has
> translated the law’s 11-pararaph instruction statement in nearly a
> dozen languages, including Spanish, Arabic, Chinese, French, Japanese,
> Korean, Polish, Russian and Portuguese. This will prevent another
> drunken driver from utilizing the no-English defense.

Here in California we have voting laws that require native language
ballots, but only if your language represents a sufficient percentage
of the registered voters of your county.

However, California's Alpine County has so few people that small
minorities that didn't constitute a sufficient percentage in other
counties did constitute a sufficient percentage in Alpine County.
This included at least one Indian (Native American) language that does
not even have a written form.

Alpine County election officials found them in the impossible
situation of being required to provide voting materials printed in a
language that only exists in spoken form!


But, back to the case at hand. Providing written material in the
listed languages (Spanish, Arabic, Chinese <Cantonese, Mandarin, and
other dialects>, French, Japanese, Korean, Polish, Russian and
Portuguese) won't solve the problem completely. Many immigrants who
speak only their native language do not know how to read - not English
and not their native language. And some of these languages (Spanish
and Arabic in particular) are spoken in such a large area (Arabic from
Morocco to Iraq, and Spanish from the tip of South America to the U.S./
Mexican border plus Spain) that the number of different dialects makes
it nearly impossible to provide a proper Spanish or Arabic translation
that works for immigrants from all of these areas.

If you think dialects don't matter, a friend of mine who was employed
at the time as a high school football coach was visiting England and
Scotland. On this trip he was going to attend a soccer match when he
saw a large sign in the parking lot: NO FOOTBALL COACHES. He decided
to take the chance and attended the game anyhow, but he took a picture
of the sign for his friends to see.

So, what did the NO FOOTBALL COACHES sign mean? NO SOCCER BUSES.
Football is the British word for Soccer, and Coach is the British word
for Bus!

Of course, you never hear about any similar cases of Israelis who
would offer the similar defense that they only speak Hebrew. Why
not? Because Israel teaches all of its students English before they
finish High School!