Local Jail not set for the deaf

RonJaxon

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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.

History: 1982, Act 204, Imd. Eff. July 1, 1982.

393.505 Arrest of deaf person; procuring interpreter; admissibility of statements made without interpreter.

Sec. 5. (1) If a deaf person is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officer and the officer's supervisor shall procure a certified interpreter or qualified interpreter in order to properly interrogate the deaf person and to interpret the deaf person's statements.

(2) A statement taken from a deaf person before a certified interpreter or qualified interpreter is present shall not be admissible in court.

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
 
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.

This is where everything went wrong - no matter what.
 
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.
 
Hospitals are turning to VRI. They find it efficient and cost-effective. Perhaps, the local police stations could follow the example.
 
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!
 
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.
 
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.
 
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.

Past experience eh? :giggle:
 
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.
 
Consensus of opinion with which I agree. Don't drink and drive. Also don't do anything else to get arrested.
 
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....
 
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....

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.
 
You have no sympathy because he drank or you have no sympathy that they didn't handle his case correctly?
 
And I agree; I made that clear above that our sympathies should lie in the mismanagement of his rights.
 
NP but just to be clear, you're now saying you understand, right?
 
NP but just to be clear, you're now saying you understand, right?

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