In a case pending before the state Supreme Court, an attorney is asking for his client´s conviction to be overturned and for the court to mandate translations of the statement about the breath test, which state law requires to be read before it is administered. A decision is scheduled to be released today.

The language issue is one states have grappled with on similar cases for years, with none so far requiring translations of these statements for non-English speakers.

The American Civil Liberties Union of New Jersey says the lack of a translation policy means non-English speakers are being held to a “higher standard” of remembering what’s in the driver’s manual. The ACLU, in a statement, likens it to the importance of translating Miranda rights and court proceedings, which the state’s courts do provide.

Since April, New Jersey has provided police with a website where the statement is provided in both audio and written form in the 10 foreign languages widely spoken in the state.

Two other states also provide opportunities for translation. In New York, translators are on-call 24/7 to address any translation issues that may arise, according to the New York State Police. They also use cards with the warnings written in Spanish.

Washington state has the statement written in English and Spanish, as well as a telephone language service available to translate it into other languages. The Washington State Patrol reports the language line was used 49 times in 2009 and 29 times so far in 2010.

The attorney hopes a ruling in his client’s favor will lead other states to require translations.

See: USA Today