State v. Marquez

998 A.2d 421, 202 N.J. 485, 2010 N.J. LEXIS 587
CourtSupreme Court of New Jersey
DecidedJuly 12, 2010
StatusPublished
Cited by74 cases

This text of 998 A.2d 421 (State v. Marquez) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Marquez, 998 A.2d 421, 202 N.J. 485, 2010 N.J. LEXIS 587 (N.J. 2010).

Opinions

Chief Justice RABNER

delivered the opinion of the Court.

On September 20, 2007, the police arrested defendant German Marquez for drunk driving. Defendant spoke no English, and the police had no reason to believe that he did. Yet in a good faith, but surreal, effort to inform defendant of the consequences of refusing to submit to a breath test, a police officer read aloud a detailed, eleven-paragraph, standard statement—all in English. When defendant confirmed in Spanish that he did not understand, [490]*490the bizarre encounter continued as the officer read yet another two paragraphs in English to defendant.

The police later candidly acknowledged that defendant did not understand what was read to him. Defendant was nonetheless convicted of refusing to submit to a breath test both in municipal court and on de novo review at the trial court, and his conviction was affirmed by the Appellate Division.

We now address the interplay between the two relevant statutes involved in this appeal: (1) the implied consent law, N.J.S.A. 39:4-50.2, which (a) provides that by taking to the State’s roadways, drivers impliedly consent to submit to a breath test to measure the level of alcohol in their blood, and (b) further requires that they be informed of the consequences of refusing to submit to such a test; and (2) the refusal statute, N.J.S.A. 39:4-50.4a, which provides penalties for arrested motorists who refuse to submit to that test. Because we find that the statutes require proof that law enforcement officials inform motorists of the consequences of refusal by conveying information in a language the person speaks or understands, we reverse defendant’s conviction.

We defer to the Attorney General and the chief administrator of the Motor Vehicle Commission (MVC) to determine how law enforcement can best comply with the requirements of the statutes. In that regard, we acknowledge and encourage the initiative begun by the Attorney General to translate the standard statement into foreign languages and post written and audio translations on a website for use by law enforcement.

I.

The facts are not in dispute. At approximately 10:00 p.m. on September 20, 2007, Officer Shane Lugo of the Plainfield Police Department responded to the scene of a motor vehicle accident. On arrival, the officer saw two vehicles that had collided and were both facing the same direction. Defendant was sitting in the driver’s seat of the rear car with the engine running. The [491]*491damaged front end of his car was touching the other car’s rear bumper.

The officer approached defendant and asked for his credentials in English. According to the officer, defendant did not understand him, so he repeated the request in Spanish. Defendant produced his license, registration, and insurance card in response.

As they spoke, the officer smelled alcohol coming from defendant and noticed that he slurred his speech. The officer asked defendant to get out of the car and walk to the curb. Defendant stumbled out of his vehicle and braced himself against it as he made his way to the side of the road; once he let go of the car and began to walk, he swayed back and forth.

The officer, speaking in English, tried to get defendant to perform some field sobriety tests. According to the officer, defendant appeared to listen as he leaned against a tree for support, but he did not understand. Based on the odor of alcohol on defendant’s breath, his slurred speech, and swaying, the officer believed that defendant was under the influence of alcohol and placed him under arrest.

The officer next transported defendant to the police station. When they arrived, Officer Anthony Berlinski, a certified Alcotest operator, observed defendant for twenty minutes in the booking area. Both officers then brought defendant to “the Alcotest room,” where a breathalyzer test could be administered using an Alcotest 7110 machine to measure defendant’s blood-alcohol concentration. (A thorough description of how the Alcotest machine works can be found in State v. Chun, 194 N.J. 54, 75-84, 943 A.2d 114 (2008).) A video recorder captured the events in the room.

At this point, Officer Lugo read defendant the contents of a document titled “Division of Motor Vehicles Standard Statement for Operators of a Motor Vehicle—N.J.S.A. 39:4-50.2(e)” (standard statement). Specifically, the officer read aloud the following in English:

[492]*4921. You have been arrested for operating a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood alcohol concentration of 0.10% or more.
2. You are required by law to submit to the taking of samples of your breath for the purpose of making chemical tests to determine the content of alcohol in your blood.
3. A record of the taking of samples, including the date, time, and results, will be made. Upon your request, a copy of that record will be made available to you.
4. Any warnings previously given to you concerning your right to remain silent and your right to consult with an attorney do not apply to the taking of breath samples and do not give you the right to refuse to give, or delay giving, samples of your breath for the purpose of making chemical tests to determine the content of alcohol in your blood. You have no legal right to have an attorney, physician, or anyone else present for the purpose of taking breath samples.
5. After you have provided samples of your breath for chemical testing, you have the right to have a person or physician of your own selection, and at your own expense, take independent samples and conduct independent chemical tests of your breath, urine, or blood.
6. If you refuse to provide samples of your breath you will be issued a separate summons for this refusal.
7. Any response that is ambiguous or conditional, in any respect, to your consent to taking of breath samples will be treated as a refusal to submit to breath testing.
8. According to N.J.S.A. 39:4-50.4a, if a court of law finds you guilty of refusing to submit to chemical tests of your breath, then your license to operate a motor vehicle will be revoked by the court for a period of no less than six months and no more than 20 years. The Court will also fine you a sum of no less than $250.00 [sic] and no more than $1,000.00 for your refusal conviction.
9. Any license suspension or revocation for a refusal conviction will be independent of any license suspension or revocation imposed for any related offense.
10. If you are convicted of refusing to submit to chemical tests of your breath, you will be referred by the Court to an Intoxication Driver Resource Center and you will be required to satisfy the requirements of that center in the same manner as if you had been convicted of a violation of N.J.S.A 39:4-50, or you mil be subject to penalties for failure to do so.
11. I repeat, you are required by law to submit to taking of samples of your breath for the purpose of making chemical tests to determine the content of alcohol in your blood. Now, will you submit the samples of your breath?

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Cite This Page — Counsel Stack

Bluebook (online)
998 A.2d 421, 202 N.J. 485, 2010 N.J. LEXIS 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marquez-nj-2010.