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Thread: N.J. top court rules police must explain DWI test laws in native language

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    Re: N.J. top court rules police must explain DWI test laws in native language

    Quote Originally Posted by ludahai View Post
    So, let's see... You take the guy who CLAIMS not to speak English to the station, call the embassy/consulate, get a hold of someone who can explain the situation to the perp, who then can give informed concent. Let's say an hour has passed in the meantime. Do you think the DWI test will show the same reading as it would have if the driver were administered at the time he was seen weaving on the road? Answer this honestly.
    My honest answer would be that, in light of the court ruling, the justice department will have to somehow implement an efficient system for solving this problem, and the details of that are beyond my knowledge because it's not my expertise. Where there's a will, there's a way, and I sincerely doubt it would take a long time to accomplish.

    Quote Originally Posted by ludahai View Post
    It isn't about guilt. It is about administering a test in a timely fashion to see if someone is indeed violating sobriety laws or not.
    It is precisely about guilt, given that the man in the OP had his license removed for seven months, all because the root of the problem was that he didn't understand what was going on.

    You can't force someone to take the test which is why the automatic revoking law exists, but in this case he didn't understand what was being asked of him and so there needs to be an alternative procedure in place for such circumstances.

    This entire case is about the system seeing an obvious flaw and adapting to change it for future reference.

    Quote Originally Posted by ludahai View Post
    In this case, public safety trumps. Administering a sobriety test on the road violates no rights. Driving a car is not a right, it is a privilege. You abuse it, you lose it. You DWI, then you lose it. Take him to the station, notify the embassy/consulate and he registers a .07 instead of a .09... that is wrong...
    Again, you can't force someone to take the test. That would be unconstitutional. Your claim about public safety is bunk given that refusal means you are taken off the road anyway. The guy had his licensed revoked. Once again - in case it's not clear - I will say that this is about a particular type of incident not covered by standard procedure, so the system needs to examine it and make a modification, as it always does when something new happens.

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    Re: N.J. top court rules police must explain DWI test laws in native language

    So does this mean every cop must be bi-lingual? My personal opinion is that everything be conducted in English, but because New Jersey allows Spanish Driver's tests, they should also accommodate Spanish speaking drivers when they are pulled over. I would say having a Spanish recording that explains the consequences or having a Spanish text they can read should suffice.
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    Re: N.J. top court rules police must explain DWI test laws in native language

    Quote Originally Posted by digsbe View Post
    So does this mean every cop must be bi-lingual? My personal opinion is that everything be conducted in English, but because New Jersey allows Spanish Driver's tests, they should also accommodate Spanish speaking drivers when they are pulled over. I would say having a Spanish recording that explains the consequences or having a Spanish text they can read should suffice.
    This is not limited to Spanish. What about Russian? Mandarin Chinese? Vietnamese? Etc. this could get rediculous...
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    Re: N.J. top court rules police must explain DWI test laws in native language

    Quote Originally Posted by ludahai View Post
    This is not limited to Spanish. What about Russian? Mandarin Chinese? Vietnamese? Etc. this could get rediculous...
    I would say if they allow the driving test to be taken in another language outside English, then the cops should also accommodate them with basic things. Personally I would support all of it being only, but in New Jerseys case I have to agree with the court ruling based on their current laws.
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    Re: N.J. top court rules police must explain DWI test laws in native language

    Quote Originally Posted by Orion View Post
    My honest answer would be that, in light of the court ruling, the justice department will have to somehow implement an efficient system for solving this problem, and the details of that are beyond my knowledge because it's not my expertise. Where there's a will, there's a way, and I sincerely doubt it would take a long time to accomplish.
    What justice department are you talking about? This is a state ruling, not federal. The federal justice department has nothing to do with this.

    It is precisely about guilt, given that the man in the OP had his license removed for seven months, all because the root of the problem was that he didn't understand what was going on.
    Guilty of what? You know having a driver's license is not a RIGHT, it is a privilege...

    You can't force someone to take the test which is why the automatic revoking law exists, but in this case he didn't understand what was being asked of him and so there needs to be an alternative procedure in place for such circumstances.
    I believe a police officer ought to have the right to administer the test if he has reasonable suspicious you are DWI. If you refuse, you lose your license -- and it should be longer than seven months. And if you don't understand English and thus the officer, tough crap. The U.S. can't accomodate every language on the planet in such a situation. This is about public safety.

    This entire case is about the system seeing an obvious flaw and adapting to change it for future reference.
    Change it how? Have police officers who can speak every language on the planet? Even the late Pope John Paul II couldn't do that, and he was quite the polyglot...

    Again, you can't force someone to take the test. That would be unconstitutional. Your claim about public safety is bunk given that refusal means you are taken off the road anyway. The guy had his licensed revoked. Once again - in case it's not clear - I will say that this is about a particular type of incident not covered by standard procedure, so the system needs to examine it and make a modification, as it always does when something new happens.
    Standard procedure being?!?!? He should have had his license revoked.
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    Re: N.J. top court rules police must explain DWI test laws in native language

    Quote Originally Posted by ludahai View Post
    So, you expect cops to speak EVERY language that may be spoken by everyone they pull over?!?!? Absurd...
    The fact that you came to this conclusion about my opinion after reading this post is nothing short of hysterical.

    Also sad.

    No, I'm not expecting that. I'm expecting that we not convict people for refusal when they didn't actually refuse anything.

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    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: N.J. top court rules police must explain DWI test laws in native language

    Quote Originally Posted by Deuce View Post
    The fact that you came to this conclusion about my opinion after reading this post is nothing short of hysterical.

    Also sad.

    No, I'm not expecting that. I'm expecting that we not convict people for refusal when they didn't actually refuse anything.

    JlknlKNDFSLMKHUJLSDN.,., ds.,ndpsiupPI$POI#om<Szx >ZMdxadsadfipo8#$

    In that garbled mess, I asked you a question. If you fail to answer properly, you will go to prison.

    Is this what YOU support?
    Except that the police were not using a garbled mess, they were speaking English. The driver was obviously doing something that merited suspicion that he was DWI. You can't wait to bring him to the station, call someone who can speak the language, and then get informed consent. By then, the usefulness of the test has expired.
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    Re: N.J. top court rules police must explain DWI test laws in native language

    I don't necessarily disagree with the notion behind this ruling in regards to needing to be able to understand what is being asked of you under the law.

    At the same time, my issue is it never should've GOTTEN to that point.

    The fact this individual recieved a drivers liscenses by successfully taking the test in Spanish is the problem.

    Our road signs are in English, not Spanish. The VAST majority of our police force dealing with traffic violations speak English, not spanish. The vast majority of traffic warnings, both temporary signs and radio, is in English. It should not be OPTIONAL to understand English and drive.

    This situation actually highlights to me once again why we NEED a national language, if nothing else for any government document that requires one to be a citizen. Want to register to vote, you need to do it in English. Want to apply for welfare, you need to do it in English. Want a drivers liscense, you need to do it in English. Not only will this save money by not requiring hundreds of forms to be printed off in dozens of languages but it also assures a common language among the citizenry which is essentially for the longevity of a country.

    If individual businesses want to offer foriegn language options more power to them, they definitely should. But the government should be opperating in cases where its dealing with citizens specifically in English and it should be our national language.

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    Re: N.J. top court rules police must explain DWI test laws in native language

    Quote Originally Posted by ric27 View Post
    So, foreigners are expecting us to learn their language, but refuse to learn ours. Supplying them with a translator all the time? lmao

    Everyday that goes by that congress doesn't make english the official language- the farther down the slippery slope this country slides.
    Making English the official language in the US wouldn't change anything. Those without savvy aren't going to all of a sudden start speaking in English tongues.

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    Re: N.J. top court rules police must explain DWI test laws in native language

    Quote Originally Posted by ludahai View Post
    So, let's see... You take the guy who CLAIMS not to speak English to the station, call the embassy/consulate, get a hold of someone who can explain the situation to the perp, who then can give informed concent. Let's say an hour has passed in the meantime. Do you think the DWI test will show the same reading as it would have if the driver were administered at the time he was seen weaving on the road? Answer this honestly.




    It isn't about guilt. It is about administering a test in a timely fashion to see if someone is indeed violating sobriety laws or not.



    In this case, public safety trumps. Administering a sobriety test on the road violates no rights. Driving a car is not a right, it is a privilege. You abuse it, you lose it. You DWI, then you lose it. Take him to the station, notify the embassy/consulate and he registers a .07 instead of a .09... that is wrong...
    People don't weave and cause accidents at .09 BAC. Chances are they will be above .12, which will still be over .08 two hours later.

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