Dui Case In N.J. Could Affect Pa.
Dui Case In N.J. Could Affect Pa.
0 Comments | Intelligencer Journal Lancaster New Era; Combined Saturday edition, Jul 23, 2010 | by Diana Martin
Staff Writer
A New Jersey court ruling on drunken driving could affect Pennsylvania motorists.
The New Jersey Supreme Court last week overturned a conviction for failing to take an alcohol breath test because the driver did not speak English. It’s an issue states with similar laws have grappled with over the years.
“Pennsylvania has the same kind of implied consent, so this could have ramifications for (state) law,” Lancaster defense attorney Jeff Conrad said.
In most states, including Pennsylvania, drivers stopped on suspicion of drunken driving are reminded that they signed an “implied consent form” agreeing to submit to blood-alcohol testing when they were issued their driver’s licenses.
If drivers refuse testing, their licenses are automatically suspended for a year. That’s in addition to any suspensions imposed if they are subsequently convicted of drunken driving.
Drivers with previous DUI convictions or who have previously refused testing can have their licenses suspended for three years.
“If you don’t submit, there are very serious consequences,” Conrad said. “It can be used against you in court. One should certainly be advised in a language they understand with consequences that serious.”
When the New Jersey driver, German Marquez, who speaks only Spanish, was stopped in 2007, he was reminded of New Jersey’s implied consent law in English
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