Second Opinion

February 14, 2006

Not guilty! Man cannot speak English!

A North Carolina judge threw out the roadside breathalyzer test results of a Spanish speaker, saying that the officers had a duty to give him his rights in Spanish. The decision by Durham County District Court Judge Richard Chaney in a case against Francisco Pereyra is the latest in a string of judgments that have dismissed breathalyzer results due to the language barrier. Chaney's judgment on the rights of Spanish speaking DWI offenders went a step further, when he added "If you're talking about someone who speaks Chinese, you have a different issue."

---Do you agree that the Spanish speaking driver should not be charged for drunk driving? Is not speaking English a good defense?

posted by A Second Opinion at 2/14/2006

13 Comments:

  • i think he should because if you want to live in america you should be able to speak english

    By Anonymous Anonymous, at Thursday, February 16, 2006 6:37:00 AM  

  • I think it all depends if he actully lived there or was just visiting cause if he lived in america he should be able to soeak english...so I think that he shouldn't be charged because he might have not have been from America

    By Anonymous Anonymous, at Thursday, February 16, 2006 7:50:00 PM  

  • He should definetly be charged. He was drinking and driving in America. If he is visiting or living here he should know the laws, especially ones like that, that everybody knwos.

    By Anonymous Anonymous, at Sunday, February 19, 2006 5:14:00 PM  

  • I tink that he should be charged with drunk driving. He should know what drunk driving is if he lives here or not. I don't know what the laws are in Mexico or wherever he comes from but he should know that you don't drink and drive.

    By Anonymous Anonymous, at Monday, February 27, 2006 7:50:00 AM  

  • He should most definitely be charged! English speaking people are charged with drunk driving so why shouldn't he? It's not our fault that he can't speak English. We learn Spanish, Chinese, etc. so when we go to other countries we can speak their language. So they need to learn our language if they come to our country. We should all, no matter what race or language or whatever, be treated equal!

    By Anonymous Anonymous, at Monday, February 27, 2006 7:54:00 AM  

  • I think he should be charged because drinking is drinking wether you're in America or in your own country, if he's going to live in America, than he should have to follow the rules of a normal american citizen.

    By Anonymous Anonymous, at Monday, February 27, 2006 7:57:00 AM  

  • I think he should be charged because he was breaking the law and should be punished for it. If a person who was drinking and driving spoke english and got pulled over then they would get charged ,so he should be chargeed for it.

    By Anonymous Anonymous, at Monday, February 27, 2006 7:58:00 AM  

  • I think he should be charged. He should know that driving druck is illeagal...it's common sense. He could probably only use that as an excuse to get out of trouble. I think they should have a person who can translate conversations.

    By Anonymous Anonymous, at Monday, February 27, 2006 8:11:00 AM  

  • He should be charged! People can fake things you know! Anyone could go out and get drunk and then get pulled over and start talking in Spanish or Italian or something. Besides, you would think that he would know because it seems like to me that whenever he goes to a bar or something that they would say something about not going out and driving afterwards.

    By Anonymous Anonymous, at Monday, February 27, 2006 8:11:00 AM  

  • I think that it is just common sense to just not drink and drive. Even if you are not able to speak the language here,then you should think before you do things. I think that if you are not going to follow the rules then you should go to jail.

    By Anonymous Anonymous, at Friday, March 03, 2006 7:21:00 AM  

  • I say he is guilty. I say he's guilty because I've been bugged by a drunk mexican now that's more annoying than my friends being drunk.

    By Anonymous Anonymous, at Tuesday, March 07, 2006 8:07:00 AM  

  • I say he is guilty because he was drunk driver. Because one of my friends have been killed by a drunk man, but he wasn't mexican, but still.

    By Anonymous Anonymous, at Tuesday, March 07, 2006 8:10:00 AM  

  • well i think he should, if hes dumb enough to come to america without knowing english he should be arrested anyway

    By Anonymous Anonymous, at Monday, October 23, 2006 2:45:00 PM  

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