State v. Mung, ___ N.C. App. ___, 795 S.E.2d 284 (Dec. 20, 2016)

The trial court did not err by denying the defendant’s motion to suppress in this DWI case. The defendant had argued that the arresting officer failed to comply with the requirements of G.S. 20-16.2. Specifically, the defendant asserted that he was not adequately informed of his rights under the statute due to the fact that English is not his first language and that the officer’s failure to ensure that these rights were communicated to him in his native language of Burmese resulted in violation of the statute. The court held that State v. Martinez, __ N.C. App. __, 781 S.E.2d 346 (2016) (holding that the admissibility of the results of a chemical analysis test are not conditioned on a defendant’s subjective understanding of the information disclosed to him pursuant to the requirements of G.S. 20-16.2(a)), was controlling. It held: “as long as the rights delineated under N.C. Gen. Stat. § 20-16.2(a) are disclosed to a defendant — which occurred in the present case — the requirements of the statute are satisfied and it is immaterial whether the defendant comprehends them.”