State v. German Marquez (A-35-09)
In this case involving a conviction for refusing to
submit to a chemical breath test, the Court holds that
New Jersey’s implied consent law, N.J.S.A. 39:4-50.2,
and refusal law, N.J.S.A. 39:4-50.4a, require proof
that an officer requested the motorist to submit to a
chemical breath test and informed the person of the
consequences of refusing to do so. The statement used
to explain to motorists the consequences of refusal
must be given in a language the person speaks or
understands. Because defendant German Marquez was State v. German Marquez (A-35-09)
In this case involving a conviction for refusing to
submit to a chemical breath test, the Court holds that
New Jersey’s implied consent law, N.J.S.A. 39:4-50.2,
and refusal law, N.J.S.A. 39:4-50.4a, require proof
that an officer requested the motorist to submit to a
chemical breath test and informed the person of the
consequences of refusing to do so. The statement used
to explain to motorists the consequences of refusal
must be given in a language the person speaks or
understands. Because defendant German Marquez was
advised of these consequences in English, and there is
no dispute that he did not understand English, his refusal conviction is reversed.
