RonJaxon

I hope this is the right place to post this. I feel it does have to do with disabilities act so I think this is the right place.

This is about something that happened to me 3 years ago and I'm sharing it for a few reasons. First of all it's about a mistake I made and I completely live up to that mistake and it's one in which I will never make again.

I was pulled over for speeding. I had just left a bar that I was hired to perform a retirement party for (I'm a magician). The people who hired me to do the show where friends so after my show I hung around for the rest of the party. I'm sure you can guess what comes next. I was arrested for what they later found to be "impaired driving". By blood test determined that I was right at the limit of .08. So I was barely over the legal limit. I later found out that the officer decided to test me on the grounds that I had just pulled out of a bar and my speech is slurred (Because of my deafness). I ended up with a fine and a restricted license for a period of time.

This isn't about the crime for I know it was wrong and I learned from it. It was the only time I had ever gone to jail and I never plan to go there again. But some things happened during this experience that I don't think was right as far as the way they handled it and their lack of resources for the deaf.

You see. When I told the officer I was deaf and knew they were arresting me. I told them that I refuse to reply to anything further without an interpreter. I didn't want to misunderstand anything to make the situation worse. Then another police car showed up and a lady police officer tried to sign to me. I could tell she didn't really know sign language. In fact as she was trying to finger spell words she didn't finish a single word correctly. You could see on her face that she was trying to remember how to sign the letters. So that was no help at all.

Next I'm put in a holding cell with other people. I asked to make my phone call but they had no TTY in the jail. I later found out that my car was towed because I couldn't call anyone to pick it up. I never even knew I had that option. How they solved the problem was there was another guy in jail that kind of knew me from around town. I didn't really know the guy but I did recognize him as someone I might wave to around town and I might have talked to him before in passing but I don't really know him. Don't even know his name. But they let him make my phone call for me to tell my girlfriend what was going on.

Now, over the next few hours I saw officers calling on people and they would be removed from the holding cell. I later found out they were either being taken to their own private cell, released or other reasons. But I also noticed that sometimes they would call someones name, look and see a person sleeping in the holding cell, then just leave them there. So from what I gathered by observing this is if I fall asleep I wouldn't know they called my name and they would pass me on and move on to someone else. I of course wanted to get out of there as soon as I could so I had to stay up all night. So in all I was awake for about 30 hours for I had been up all day prior to this night.

So there I was. Can't make a phone call, can't find out what's going on. No one telling me what's to happen next.

Eventually we are all removed from our cell. I was kept in that holding cell all night. I knew it was morning for breakfast had arrived a couple of hours before. I have no idea where they are taking us. We end up in a room and were all handed a piece of paper to fill out. As I sit down to fill it out I see a guy sitting and facing a TV screen. At first I thought he was watching some court TV show but then I saw the guy talk to the screen. On the screen was a judge sitting at a desk. So it dawned on me that they go to court right there in that room via remote camera. I went to a guard near by and asked, "Is this court?" The guard gave me a dirty look and went "Shhhh". I waited and waited then they came to me. I said, "I don't know what's going on but it looks like they are going to court on that TV. I hope you have an interpreter here because I'm not going to court without one. By the look on the officers face he didn't know what I was talking about. So I told him I was deaf and there's no way I can go to court on a TV.

The sat me down in front of the TV anyway. The judge was writing on a piece of paper and the guard put his finger up as if saying, "Wait a minute" then pointed to a fax machine. So I put it together that the judge was writing and planning on faxing it to me. I thought to myself that this was nuts and not right. Evidently the judge finally felt that was too for after a moment the judge stopped writing and tore the paper up. Then she looked and said something to the camera that I couldn't pick up. So the judge realized that this won't work. I was taken back to the holding cell then about 3 or 4 hours later I was released and went home. Still not knowing exactly whats going on or what to do next.

A few days later I got mail that finally explained more details and when I had to go to court. I ended up having to go to court 4 times for this. The first two times was because they couldn't find an interpreter free for that time. The third times was because the blood test hadn't come in yet. When it finally did and I saw that I was right at the legal limit. I plead guilty and paid for my mistake.

Now, I of course did some research and found many things they did wrong and illegal. For instance from the deaf persons act:

From the Deaf persons interpreters act.

There are many others if you care to visit the above link. Such as the court house and jail not having a TTY. trying to put me through court even after I requested an interpreter and the officer trying to interpret even thought she didn't know ASL.

Now for my question. I found out later that I could have made a civil suit about some of these issues but by the time I found out it was too late. I mean I had no intention of trying to get away with my crime for I pleated guilty. It was the underlying issues I was upset about. But now I want to find out what I can do to make sure this doesn't happen to anyone else. I mean they need to learn how to deal with a deaf person and have the proper technology such as the TTY's. Not everyone one who ends up in a holding cell is a criminal. Some are wrongfully charged or there could be many other reasons. And deaf people won't have equal rights to know what's going on or be able to defend themselves. I know of one other deaf person in my area who has been effected. He was put in a cell because he matched the description of someone they were looking for. He spent almost 24 hours in there not knowing exactly what was going on.

So, for the sake of others in my area. What can I do about this?

Thanks for your time.

Ron Jaxon

Deafness

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Wokamuka

This is where everything went wrong - no matter what.

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JClarke

The technology in that field needs to be matched to today's technology such as videophone, VRS and all... TTY - is old school and whatnot.

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Wokamuka

Hospitals are turning to VRI. They find it efficient and cost-effective. Perhaps, the local police stations could follow the example.

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webexplorer

Wow, that's bad news. You could consider to give up your drinking for rest of your life because your record might be ruined. Not even one tip of beer or wine.

My hearing friend was arrested at once when he was drunk on the road at 2 a.m. He has not drunk one tip of a beer and a wine for 15 years. He is afraid of his record that might be denied for his future jobs. So far, he is doing fine with his jobs. He is extremely lucky that his record is stable.

I think that you might want to move out of state. You could live in a better town as near a deaf community and hopefully friendly policemen and policewomen. That's where you need to "feel" safe place. Actually, I don't have the perfect answer. It's just my opinion.

For the technology or any improvement services, you still have to be careful anyway. No matter what the ADA laws tell you or the police. We have so many people everywhere, and it is impossible for most police to deal with. They won't do it for you unless if there is a major deaf community such as NTID and Gallaudet areas that they have to be aware of. BUT, I do care that almost all police should respect our deaf people for our interpreter needs.

It is a good thing that you got out of the jail without a physical abuse at the police station. Whew!

jillio

I would suggest that you file a complaint with the Dept. of Justice. Tell them exactly what you have told us, but include details such as dates, times, location of the jail, etc.

Also, it wouldn't hurt to forward your story to the legal dept. of the NAD.

pek1

I wouldn't be surprised if you had this incident in Fargo, ND/Moorhead, MN area where I am. There are some deafs here, but they all stick to themselves and aren't nice at all, unless there's no one else to talk to, then someone might talk to me. The police in Moorhead know me, at least by sight and know I have my hearing dog with me at all times. I haven't had a problem, but there's always a first.

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Pete

Byrdie714

Past experience eh?

LuciaDisturbed

If you hadn't been drinking and then driving you wouldn't have found yourself in this situation. Your own fault. I don't care. I have no sympathy for drunk driving, deaf or hearing. Drinking and driving is WRONG and it kills people. You were very lucky you didn't kill anyone or yourself. Be grateful for that.

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"Those who cannot remember the past are condemned to repeat it." - Philosopher George Santayana.


Implanted left ear 10/11/06, activated 10/16/06 - Nucleus Freedom

My own CI experience, my views on CI and ASL and Deaf Culture and Society

DeviantArt

Bottesini

Consensus of opinion with which I agree. Don't drink and drive. Also don't do anything else to get arrested.

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Alldeaf Rah!

Tousi

Point is he was NOT minimizing his discretion whatsoever. They didn't handle his situation correctly by a long shot. This is where your sympathies should lie....

Bottesini

I spent my whole life being careful to be perfect so authorities could not take my kids because of handicap and also not to shame my family.

I have no sympathy.

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Alldeaf Rah!

Tousi

You have no sympathy because he drank or you have no sympathy that they didn't handle his case correctly?

Bottesini

Because he drank.

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Alldeaf Rah!

Tousi

And I agree; I made that clear above that our sympathies should lie in the mismanagement of his rights.

Bottesini

Sorry. I didn't understand what you said.

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Alldeaf Rah!

Tousi

NP but just to be clear, you're now saying you understand, right?

Bottesini

Going out on a limb, I say yes, but please don't hold me to it, in case I say anything else idiotic.

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Alldeaf Rah!

Tousi

I'm glad we got that out of the way; I'm only sorry we didn't have this conversation over the week-end when you were bored.

Bottesini

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Alldeaf Rah!

dead money

wow that is truly fucked up. You were pretty much fucked from the get-go, mistreated and all. I'd hire a lawyer and maybe do the whole complaint thing jillio suggested.


i was once in jail too for a day. For not paying my speeding tickets. It was a big fuck up/misunderstanding in the end but thats another story. The expirience wasnt that bad since i could hear somewhat but funny i read this post because i was thinking the EXACT same thing back in the holding cell. "What if a deaf guy had to go through this? They's be screwed big time" Theres wheelchair access all over but nothing that caters to the deaf. Nothing.

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mike matusow...or god for short.

jillio

And that is in violation of the law. Ironic, isn't it?

imdeafsowhat

Usually, one would show a card with a law on it that a deaf person must have a sign language interpreter and the polices usually leave you alone because its' a lot hassle, but sometimes, just sometimes, the police had nothing better to do and actually called for one.

pek1

Nope. I don't drink and drive and am not stupid to do that.

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Pete

RonJaxon

I reread my OP and I don't see a single line that says I was looking for sympathy or said anything that would suggest that I don't feel what I did was wrong. I knew it was wrong and a mistake and it will never happen again. That's not the point I was making at all.

This might be a wake up call to some people but the truth is that people make mistakes. Good people can also end up in jail for a mistake or in some cases a misunderstanding. Imagine being in the wrong place at the wrong time and got sent to jail even if just for questioning or because you match a description. These kinds of things happen. If it happened in my home town and that person was deaf they are in for a very hard time because they aren't up to par for a deaf person. You won't be able to make a phone call and let your family know or ask for help. If you have a car it'll be towed because you won't be able to call anyone to pick it up. If it happens at night you will have to stay awake or get skipped. You'll have a hard time knowing what the heck is going on. They'll try to take you to court without an interpreter and have less chance to defend yourself. In my case they even tried to do this in front of a video camera instead of live and face to face. The answers you need to know won't come to you until you receive a letter in the mail days or weeks later.

That's what the OP was all about. Not the mistake I made for I already fessed up to that and it's never been repeated since. What's important on that matter is I learned from the mistake.

jrsysure76

From what you explained, they broke several laws. You might have done something wrong, but it does not give them the right to break the law. I used to work for a Deaf Services agency, and we handled many cases such as yours. If you would like, you can email me at jrsysure76@aol.com I can try and point you in the right direction and help anyway I can.

MikeJ

Well I was browsing the internet for some information and I came across this thread.

So I'm going to start off by asking a question. A disability is a disability, correct? I'm asking because the probation department is giving me a really hard time about an interpreter. I'm not completely deaf, and I usually rely on spoken english, but my understanding of the ADA and Section 504 is that legally I am entitled to an interpreter. They already refused to give me one in court depsite my requests. The judge actually ordered it in court, but the next court date the prosecutor didn't have one and I waived that right for my next couple court dates because I didn't have a bond and I just wanted out of jail.

So now I'm on probation, and my PO is giving me a hard time. I'm supposed to take some classes and community services, all of which I want an interpreter for. When I requested this she replied :Well I think you can read lips well enough, Mr. Johnson" and further accused me of lying when I said I talked to the prosecutor and that he said they legally had to provide a 'terp.

It's to the point where I'm actually going to request one even for my monthly probation meetings on the grounds that there have already been several misunderstandings, obviously due to the fact that i'm such a great lip-reader according to my PO, and that I'm on the verge of being violated due to such misunderstandings and I just want to make sure that doesn't happen any further.

Edit: I forgot to mention that I have received a disability check, went to a deaf school, and received an interpreter for classes at Indiana State University.

pek1

Sounds to me you may want to contact the county attorney and spell out what a lawsuit would happen to his/her precious city and the news media coverage it would entail. Send a carbon copy to each judge on your case, your attorney, the prosecutor and you po. Write under your name cc: and all the peoples' names that have received a copy of it. Send each letter certified mail with the light green postcard returned to you with their signatures. If you get a letter threatening intimidation, I'd contact all of the news stations in your city. If you need help writing it, pm me and I'll help you. As always, anyone who contacts me via pm has security in knowing that I do not release any information about anyone to anyone with or without written permission from them.

Above all, document EVERYTHING Even letters written on your computer, save each one with the correct date on each. If the same letter is used, copy and paste, change the date and save it. Save the returned post cards, too.

By the way, receiving a disability check means squat. The Constitution is for everyone: Black, white, green, purple, orange, Pepsi, Coke, Democrat, Republican, Independent, Green Party, Constitution Party, ACLU (not a bad idea to contact them in the future . . . ).

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Pete

MikeJ

Just want to point out that I'm not trying to steal this thread from anyone. My sympathies go out to the author and I can honestly say I've been in your spot. I was there for 14 months, and have already contacted several attorneys about a lawsuit against the county for the conditions in which I was incarcerated.

Pek - Thanks for the response, that's what I was really hoping to hear. I just wanted to make sure that I was right and that if they decided to violate my probation on these grounds, that they would only be digging their hole deeper.

I told my PO on the phone yesterday that I wanted an interpreter. I got to meet her next Monday and we're supposed to go talk to the Judge about it. This is going to be great because there isn't going to be an interpreter present. I'm thinking about making my point by simply presenting a letter to the Judge and then politely excuse myself on the grounds that they STILL haven't provided an interpreter and so I see no further point in my being there as I have no clue what's going to be said anyway.

jillio

Report them to the Dept. of Justice immediately. And let your PO know that is exactly what you intend to do. They are in violation. And document every conversation you have with your PO.