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TRENTON — Police in New Jersey must explain the state's implied consent law to motorists in a language that they understand, the state Supreme Court ruled on Monday.
In a 4-3 decision, the court overturned a conviction for refusing to take an alcohol breath test because the man, who spoke only Spanish, did not understand the consequences.
The court found that a Plainfield police officer failed to inform German Marquez, who is from El Salvador, in Spanish that he would automatically lose his driver's license for seven months if he refused the test.
Police had responded to a two-car accident in 2007. The officer initially asked in English for Marquez to show his license. When the officer repeated the request in Spanish, Marquez complied.
And why did this person even HAVE a NJ DL? Why because he was allowed to take the test in...
NorthJersey.com: N.J. top court rules police must explain DWI test laws in native languageMarquez said he didn't understand what police were reading to him and that he had taken his driver's license exam in Spanish.
The TEST SHOULD BE IN ENGLISH. That way the Police, if they need to stop you, can communicate with you. End of Story.