The Police cannot jump to the PBT, they must first establish probable cause through the Field Sobriety Tests. If the driver cannot understand English, then how can he follow the instructions for the officer to say the driver failed the FST?
Perhaps we should make it a crime for a person not to speak English. Then we wouldn't have to worry about the silly Constitutional protections.
Flame suit on.
MKM
"How would they like to be treated if they were in a foreign country and someone took them to jail?" Childers asked. "But after he's charged, the magistrate provides information in Spanish, and when he goes to court, there's an interpreter."I've been hauled off to the "station" in South America for no good reason other than that I was minding my own business. I, too, used the "no speekie inglishee" defense, and spoke only in English to the peppering in Spanish over why I didn't have a proper in-country I.D. on me (this happened to me in Belgium, too, so it ain't just a back-ass banana republic thing). When they tried to speak to me in English, I pretended that I couldn't understand.
No difference between me and this guy in that I broke a law, in my case that of carrying proper identification. I walked out after three hours of hopeless discussion on their part, all of which I understood. They were just messing with me, enjoying their power until it was no longer any fun. I hid behind the language barrier. That's what this guy did, whether real or not.
Not much sympathy for him from over here.
Oh, and note that the attorney does his thing in English.
MNLDS -- I got out of various warranted or otherwise stops by the police in South America by either speak or not speaking the language when convenient. The best one was to invoke the United Nations Special Charter no. 54-875, section ii, regarding reciprocity driving privileges for diplomats and authorized speeders in home countries, or some such nonsense. Say "United Nations," and they stand attention. Say "American" and they want a bribe.
What about Miranda rights? What if a non-English speaking defendant in a criminal case claims not to have understood the Miranda rights that were read to him in English? Would you consider that sufficient grounds for dropping the charges or finding the defendant not guilty?