Drunk in any language

An Ontario judge has dismissed impaired driving charges against a man stopped by police just north of Toronto, because he was not immediately provided with a Spanish-speaking interpreter to help decide whether to call a lawyer.

Rafael Peralta-Brito was unable to fully understand his right to counsel when he was stopped by York Regional Police after making an erratic turn at about 2:30 a.m. on March 19, 2006.

"It is not sufficient for a police officer upon the arrest or detention of a person to merely recite the rights guaranteed by Section 10 of the Charter," said Justice Peter Tetley. "The accused or detainee must understand what is being said to him by the police officer," said the provincial court judge in a ruling issued Jan. 7.

The officer who stopped Peralta-Brito testified he could smell alcohol on the suspect's breath. When asked if he had been drinking, "no, no, I not drink nothing," responded Peralta-Brito.

He told police he did not need a lawyer and agreed to take a roadside breathalyzer, which he failed.

While the suspect had a "thick Spanish accent," the officers said he answered them in English and appeared to understand what was said.

It was after he was taken to a holding cell that Peralta-Brito said police should have put him in contact with a lawyer earlier.

Peralta-Brito, who is 35 and came to Canada from the Dominican Republic in 1993, testified that he has a "working knowledge" of English, but has limited comprehension of complex terms.

In his ruling, Tetley said he had "significant reservations" about the defendant's "professed limited ability" with the English language.