State v. Wang

After a trial, Defendant, who is Chinese and only speaks “some English,” was convicted of driving under the influence, third offense. Defendant appealed the denial of his motion to suppress evidence of a chemical breath test, arguing he was not properly advised of his right to obtain an evaluation by an independent physician and additional laboratory testing because, despite an obvious language barrier, the arresting officer failed to ensure that he understood his rights in a language he could understand. The Supreme Court affirmed Defendant’s conviction, holding that the district court did not err when it determined that there was neither a statutory nor constitutional requirement for the officer to advise Defendant of his right to independent evaluation and testing under Neb. Rev. Stat. 60-6,199, and therefore, the officer’s failure to give an advisement in a language Defendant understood was not a violation of his due process or equal protection rights. View "State v. Wang" on Justia Law