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Maso v. State of New Mexico Taxation and Revenue Department1/12/2004
sought translation from a friend who completely mistranslated the notice); Vasquez v. State, 700 N.E.2d 1157, 1159 (Ind. Ct. App. 1998) (rejecting the argument that the state must provide notice of driver's license suspensions in Spanish and English).
We do not agree with all of the reasoning relied upon by these foreign authorities, such as the California Supreme Court's reliance on the supposition that " he United States is an English speaking country." Guerrero, 512 P.2d at 835; see NMSA 1978, § 14-11-11 (1923) (requiring publication of all local government proceedings to be in Spanish if the local population "is not less than seventy-five percent Spanish-speaking"). However, we agree with the conclusion that in an administrative context, it is possible for English-language notice to provide constitutionally adequate notice to a non-English speaker. Whether English-language notice suffices in a particular situation depends on the circumstances. See Mullane, 339 U.S. at 314-15 (stating that constitutional requirements are measured with regard to the "practicalities and peculiarities of the case"); Garcia v. Meza, 235 F.3d 287, 291 (7th Cir. 2000) (clarifying that notice aspect of procedural due process is subject to "fact-specific analysis" that takes into account all the circumstances of the case). Our holding today is simply that English-language notice regarding administrative revocation is compatible with due process when it is personally delivered to a driver during the course of his arrest for driving under the influence .
We are not persuaded by Driver's contention that he was denied due process because he did not knowingly or voluntarily waive his right to a hearing. The law does not require a knowing or voluntary waiver of a right to an administrative hearing. Driver relies on case law regarding criminal defendants and their waiver of Miranda rights or their consent to a search. The cited authorities are inapplicable because they involve fundamental rights that are not at issue in the context of the notice required for license revocation.
In summary, personal service of inquiry notice on Driver satisfied due process.
CONCLUSION
For the foregoing reasons, we affirm.
IT IS SO ORDERED.
CYNTHIA A. FRY, Judge
WE CONCUR:
JAMES J. WECHSLER, Chief Judge
JONATHAN B. SUTIN, Judge
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