Santa Monica Police -refusal to obtain terp

Hi all,

About four weeks ago, I got involved in a motorcycle accident with a car. The driver in car did not see me whilst pulling away from the parked position. I ended up crashing myself on the road.

Legal nightmares had begun after I requested several times to get an ASL interpreter allowing the Police Officer to formally interview me on scene of accident. They refused. Even, I had made several pleas, my wife is Hearing and she is an interpreter as well had made pleas as well. She could interpreter but she had decided to opt out to prevent conflict of interest.

All pleas we made had fell onto deaf ears, no questions no answers, no interview were made. Nothing, an officer had decided to cite me with CVC12500(a) violation. Unlicensed to operate a motor vehicle. I do have a VALID CA license to DRIVE A CAR and AN INSTRUCTIONAL PERMIT TO LEARN AND RIDE ON A MOTORBIKE and there is no negative DMV record attached to it. Its all plain bullshit. I refused to sign on a ticket. They gave up and this matter was referred to a Santa Monica District Attorney. Now, I have to appear in Court in relation to this traffic violation(which is not true). I will go to Court next month.

Do I have the grounds to sue Santa Monica Police Department based on violation of a Federal Law, American with Disabilities Act? I am not after the monetary damages and I don't care about it. What I want them to change procedures whilst dealing with a disabled person and their policing culture within an organization.

First of all - i'm very glad to hear that you're OK from accident.

Secondly - Do not hire a general "accident lawyer" or any general lawyer. They are incompetent and useless in your case. you must find a lawyer who specializes in motorcycle accidents. I have mine handy in my cellphone. I see that you're from California. There are HANDFUL of motorcycle-expert lawyers. This is just a start but type in "motorcycle lawyer california" in google.

Third - Since you have an instructional permit to ride motorcycle... you are technically unlicensed unless you're accompanied by a licensed biker. Permit is not the same as license.

Fourth - if the police officer did not provide REASONABLE accommodation for you, then yes they are in violation of ADA law. However - you had your wife to interpret for you so.....

Sorry that I'm not able to give you much advice though...

Third - Since you have an instructional permit to ride motorcycle... you are technically unlicensed unless you're accompanied by a licensed biker. Permit is not the same as license.

Click to expand...

This condition does not show on my Instructional Permit at all. As far I can see its saying.

"Valid for any motorcycle or motorized bicycle. You must not practice during darkness or on freeways. you may not carry passengers other than a licensed or qualified driving instructors."

It doesn't say about having a licensed motorcyclist to ride with.

deafaussie said:

This condition does not show on my Instructional Permit at all. As far I can see its saying.

"Valid for any motorcycle or motorized bicycle. You must not practice during darkness or on freeways. you may not carry passengers other than a licensed or qualified driving instructors."

It doesn't say about having a licensed motorcyclist to ride with.

Click to expand...

I see. Your law is different from many other states. Under permit status, we're required to be accompanied by licensed biker.

very interesting that the officer cited you for CVC12500(a) violation when you in fact have the license. There's nothing you really can do about it except to contest that charge on your court date. Since your court date's in a month, be sure to call the court to provide accommodation for you. They usually always comply to that request unlike police station.

Do I have the grounds to sue Santa Monica Police Department based on violation of a Federal Law, American with Disabilities Act?

Click to expand...

Good question. I do not know but am curious.
I am thinking probably not at the scene, given the circumstances you relay. But yes, definately for the court date.
That being said, as an officer I certainly could not complete my report or investigation adequately without talking to both parties involved.

Keep us posted on this issue. We have a lady here whose Dr refused to give her a terp. It is good to know how these things turn out. I hope you have good luck with lawyer and court.

ASLGAL said:

Good question. I do not know but am curious.
I am thinking probably not at the scene, given the circumstances you relay. But yes, definately for the court date.
That being said, as an officer I certainly could not complete my report or investigation adequately without talking to both parties involved.

Click to expand...

I am not certain regarding at the scene interviews, either. I would think, based on ADA, that the interview should have been postponed until which time an interpreter could be obtained and a proper interview conducted.

And, absolutely, an interpreter must be present for the court date!

I don't blame you for not getting terp at police station. They need to be sensitive to your need regardless of your violation ect. Personally, it's violation of ADA law. Since Police is part of City Government, they should provide one by law.

As for Motorcycle permit. I do have one and I don't ride motorcycle anywhere except riding around the blocks. I knew if I get caught with permit. I will get into trouble. I would prefer to pass riding test then get license so I can do whatever I want without worry of being caught with permit. That's something police look into.

I wonder did your motorcycle have license and insurance?

As for motorcycle related accident, get Attorney who are expert in Motorcycle accident. They should be the one to help you. General Accident Lawyer won't do much.


Catty

purplecatty said:

As for Motorcycle permit. I do have one and I don't ride motorcycle anywhere except riding around the blocks. I knew if I get caught with permit. I will get into trouble. I would prefer to pass riding test then get license so I can do whatever I want without worry of being caught with permit. That's something police look into.

I wonder did your motorcycle have license and insurance?

Catty

Click to expand...

CA traffic law all motorcycle permit holders to practice and learn how to ride one on streets and roads but never ever on highways. Also, they are under law, illegal to ride it during darkness.

However my bike is insured and registered. Everything good in legal perspective. I received a formal notice of appear in mail and the court is scheduled on 7/7. Strangely, a DA had file complaint that I rode my motorbike without a valid motorcycle class on my license, on highway to Santa Monica from my home which is about 50 miles away. I thought what is going on there?

Turns out that a police officer had decided to CITE me based on facts from the permit and license itself I presented them and he did not want to interview me with or without an interpreter because I am DEAF? The fact is that I drove family car with my wife and three kids at the back and the bike always stays in Santa Monica.

It turns out that a City of Santa Monica are going to be in deep trouble now and I am going to file legal lawsuit against city after the traffic court.

1. You need to talk to ADA Lawyer.

2. you need to find accident motorcycle lawyer.

Why need ADA lawyer? Because police refuse to allow an interview for an interpreter. Because of Voliate ADA Law. Police is big trouble!