Mistranslated DWI warnings in Westchester could force tossing cases

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Mistranslated DWI warnings in Westchester could force tossing cases
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ProPublica reports the concern is that poor English-to-Spanish translations of instructions to Hispanic drivers could constitute coercion.

Make your contribution now and help Gothamist thrive in 2023.Hundreds of drunken driving cases involving Hispanic drivers in Westchester County are getting a second look out of concern the evidence collected by arresting New York State troopers might have been tainted by dubious English-to-Spanish translations.last week. A spokesperson for the Westchester District Attorney’s Office said the office’s conviction review unit received a list of 263 DWI arrests from the police in February 2022.

If you get pulled over, if anyone else gets pulled over, the police officer is supposed to read you a warning that says something to the effect of, ‘this can be used as evidence against you,’being your refusal to take the test. But because this mistranslation was so different for Spanish-speaking drivers versus what it was supposed to be, it led to confusion.

So they first learned about it in 2018. And I should say, too, this was a prior administration to District Attorney Miriam Rocah's current administration. She took office in 2021, but senior prosecutors there, including one who is still currently in the office, first found out about it in 2018. From the records and from my reporting, it doesn't look like any steps were taken after she learned about the issue.

Is there any indication these reviews will lead to convictions being overturned or people being let out of prison?

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