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STATE v. MARQUEZ

A-35 September Term 2009.

998 A.2d 421 (2010)

202 N.J. 485

STATE of New Jersey, Plaintiff-Respondent, v. German MARQUEZ, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 12, 2010.

Attorney(s) appearing for the Case

Michael B. Blacker, argued the cause for appellant.

Paul H. Heinzel, Deputy Attorney General, argued the cause for respondent (Paula T. Dow, Attorney General of New Jersey, attorney).

Edward L. Barocas and Michael A. Norwick, submitted a brief amicus curiae on behalf of American Civil Liberties Union of New Jersey.

Jeffrey S. Mandel, Morristown, submitted a brief amicus curiae on behalf of Association of Criminal Defense Lawyers of New Jersey (PinilisHalpern, attorneys).

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...

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