No English Defense Works In N.J. DUI Case - THIS IS INSANE
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From: Criminal Drivers Murder 40,000 Americans a Year on 15 Jul 2010 01:55 Another judge took a bribe http://www.judicialwatch.org/blog/2010/jul/no-english-defense-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 dont understand a police officers 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 officers 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. Thats 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 states High Court delivered a victory this week. In its 4-3 ruling, New Jerseys Supreme Court said that the police officers efforts to communicate the states mandatory breath test in English failed to effectively inform Marquez in the same fashion that English speakers would be informed. The statutes 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 Marquezs 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 states Motor Vehicle Commission and Attorney Generals office to create methods to inform non-English speakers about the breath-test law. In anticipation of the ruling, the Attorney Generals office has translated the laws 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.
From: Harry K on 15 Jul 2010 10:27 On Jul 14, 10:55 pm, "Criminal Drivers Murder 40,000 Americans a Year" <xeton2...(a)yahoo.com> wrote: > Another judge took a bribe > > http://www.judicialwatch.org/blog/2010/jul/no-english-defense-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 dont understand a police officers > 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 officers 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. Thats 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 states High Court delivered a victory this week. > > In its 4-3 ruling, New Jerseys Supreme Court said that the police > officers efforts to communicate the states mandatory breath test in > English failed to effectively inform Marquez in the same fashion that > English speakers would be informed. The statutes 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 Marquezs 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 > states Motor Vehicle Commission and Attorney Generals office to > create methods to inform non-English speakers about the breath-test > law. > > In anticipation of the ruling, the Attorney Generals office has > translated the laws 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
From: Criminal Drivers Murder 40,000 Americans a Year on 15 Jul 2010 12:32 On Jul 15, 8:27 am, Harry K <turnkey4...(a)hotmail.com> 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.
From: necromancer on 15 Jul 2010 13:15 SFB spewed: >On Jul 15, 8:27�am, Harry K <turnkey4...(a)hotmail.com> 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
From: Millhaven on 15 Jul 2010 13:49
On Jul 15, 10:15 am, necromancer <Zidane's_Last_Red_Card(a)worldofnecromancer_no_spam_no_way.org> wrote: > SFB spewed: > > >On Jul 15, 8:27 am, Harry K <turnkey4...(a)hotmail.com> 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. |