DRUNK DRIVING/DWI ATTORNEY IN BERGEN (HACKENSACK), PASSAIC (PATERSON) AND MORRIS (MORRISTOWN) COUNTIES: NEW LEGISLATION PENDING REFUSAL WARNING CASES

A few years ago a Hispanic speaking driver was arrested and taken to police headquarters where he was asked to participate in a breath test. Consistent with relevant legal principles, the investigating police officer was required to read to the driver various instructions and warnings required by New Jersey’s Supreme Court. Unfortunately, the police officer who made the arrest, read the warnings to the driver in English which the driver did not understand. Ultimately, the driver was convicted of refusing to participate in a breath test. He appealed that decision, contending that the government had a responsibility to read to him the refusal warnings in Spanish.  The Appellate Division, which ultimately heard the case rejected the driver’s argument. The case was taken to New Jersey Supreme Court. There the court determined that under the circumstances, the driver had the right to have the warnings read to him in Spanish.

New Jersey's legislators are now tinkering with the Supreme Court decision by proposing a new statute, which will allow for a refusal arrest and conviction, even if the putative drunk/DWI  driver does not understand English.  The sponsor of the legislation said that the new measure simply highlights the notion that when a person obtains a drivers license in the state he acknowledges that a refusal of a breath test maintains serious penalties. Opponents to the proposed legislation says that the legislation creates a "due process dead-end”.