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STATE v. MARQUEZ

DOCKET NO. A-5044-07T4

974 A.2d 1092 (2009)

408 N.J. Super. 273

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

Superior Court of New Jersey, Appellate Division.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Michael B. Blacker argued the cause for appellant.

Anne Marie Gibbons-Lejnieks, Union County Assistant Prosecutor, argued the cause for respondent (Theodore J. Romankow, Union County Prosecutor, attorney; Ms. Gibbons-Lejnieks, of counsel and on the brief.).

Before Judges CARCHMAN, R.B. COLEMAN and SABATINO.

The opinion of the court was delivered by

SABATINO, J.A.D.

Defendant German Marquez, a licensed New Jersey driver, appeals his conviction of refusing to submit to a breath test, N.J.S.A. 39:4-50.2, after being arrested for drunk driving. Defendant argues that because he is only fluent in Spanish and does not understand English, he cannot be guilty of refusing to comply with the standard breath test instruction (the "standard statement"), which the arresting...

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