Wednesday, July 14, 2010

Chicago DUI attorney thinks it's a good idea that the accused understand what is happening when arrested

This Chicago DUI attorney posted here about law enforcement making sure the accused knows the consequences of a DUI arrest.

There’s good news for everyone charged with a DUI now, at least in New Jersey.


The New Jersey Supreme Court this week created the first ever constitutional right to receive D.U.I. testing in the native tongue of the accused as it overturned the conviction of a man who refused to take a blood-alcohol test because he did not understand the warnings in English.
As noted by the New Jersey Attorney General’s office, “This ruling effectively provides an immunity claim in a prosecution for violating the refusal statute for any drunk driver who speaks a language that the officer is unable to identify or translate.” With national implications, this ruling goes beyond D.U.I. testing and could begin the process of burdening police officers with the responsibility of interacting with the public in whichever language a person chooses.
“Placing the burden on already cash-strapped police departments to interact with suspects in their native language is a ridiculous requirement in a state where over 150 languages are spoken,” said Mauro E. Mujica, Chairman of U.S. English, Inc. “By requiring language translations for any encounter with an individual who does not speak English, New Jersey is literally issuing a ‘Get out of Jail Free’ card for those who don’t speak the operating language of our roads—English.”
 In Illinois, the Driver’s License test is given in languages aside from English, so it would be a surprise to learn that New Jersey doesn’t do the same thing.

What do you want to bet the 2nd place team will try to get this before the U.S. Supreme Court?  In light of Padilla’s requirements that collateral consequences must be provided to the accused by attorneys, perhaps they shouldn’t bother.

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973