Miranda Takes a Breathalyzer
MIAMI, Sept. 9 /PRNewswire/ — Anyone who watches TV knows the “Miranda” warning by heart: “You have the right to remain silent; anything you say can and will be used against you …” etc. Since the landmark 1966 Supreme Court decision, very little has changed except that today it must be delivered in a language suspects understand or the evidence from interrogation can be blocked from trial.
But not drunk driving. Operating a vehicle is not a Constitutional right, it is a privilege extended by states, and each provides for the taking of a blood-alcohol test as part of an “Implied Consent Law.” Simply put, if you accept the license, you agree to take a blood-alcohol test if an officer thinks you are intoxicated. Refuse and you are breaking state law, not exercising the Bill of Rights.
When New Jersey motorist German Marquez rear-ended another vehicle while driving intoxicated, police directed him to take a breath test but he refused, saying through an interpreter that since he spoke only Spanish, he could not understand the instructions. Marquez didn’t contest the intoxication charge but fought the Refusal conviction. This past July, the New Jersey Supreme Court reversed this conviction finding that since he took his driver’s test in Spanish, the state could not presume that he spoke or understood English.
New Jersey’s 11-part statement “reminds” suspects of their obligations under law, but the court found that the statement could not be considered binding because it was delivered to Marquez in English which he claimed not to understand.
Former New Jersey police officer Joseph O’Donoghue, a consultant for state law enforcement, contacted Taylannas to inquire if their audio system could deliver Miranda in multiple languages. As Sergeant-at-Arms for the Superior Court, he was acutely aware of the challenges facing police and prosecutors. When the Marquez DUI Refusal conviction was delivered, O’Donoghue contacted Taylannas.
The Police Assistant Guide delivers up to 10 different programs such as Miranda or the DUI Refusal warning in 10 or more languages. Texts vary from state to state, and Taylannas can deliver these modifications online. The Guide is about the size of a DVD case, is battery-powered, comes equipped with a car charger and can be connected to a PC for audio upgrades.
“We want to help close a legal loophole,” said Taylannas president Susan Perry. “If a court ruling permits drunk drivers to walk away from arrests simply because a translator couldn’t be found during the arrest phase, we are only too glad to fill that language gap.”
Taylannas has demonstrated its Police Assistant Guide to the Florida Highway Patrol, New Jersey State Police and LAPD and is busy arranging for more demonstrations. Interested parties should contact Taylannas directly.
Contact: Susan Perry, President - firstname.lastname@example.org Richard Herbst, VP - email@example.com Olivia Gomez, Project manager - Olivia.firstname.lastname@example.org Phone: 305 255-9600 Web: http://www.taylannas.com