Wednesday, November 21, 2007

Part II: My Deaf Mom, the Cop and the Law

Click on Part I before viewing this if you haven't seen it. Barb DiGi shares the result in the courtroom that her Deaf Mom was ticketed by a cop who refused to find a way to communicate with her. So did the treatment at Las Vegas Clark County get any better? See it for yourself!

34 comments:

mishkazena said...

She should file a formal complaint. In fact, she can appeal the ticket again, arguing that she was unduly pressured by the volunteer interpreter.

I've had a case with an uncooperative cop and an equally uncooperative judge in 1979. I filed a complaint at Dept of Justice and five years later, it decided that the court must provide an interpreter. My ticket was waived, then since it was five years old lol.

She can file a complaint at Dept of Justice if she isn't satisfied. Understand that there is approximately three year backlog of DOJ cases.

B.A.D. said...

WHOA!!!! That's my first thought!!!

Unbelievable system! No interpreter for your mom - *shaking head*. Yet they (government, law etc) always says we (citzens) should be responsible and "obey" the law...hello??? WHERE'S THE INTERPRETER!?

You are right, mom should have declined their offer, YET at the same time it is "gambling". She can get reduced or still pay $300.

I think...she should have that ticket dismissed!! Because she waited "all day" for an interpreter, that is not fair for your mom!! They should let the ticket go in the garbage! UH!
**Still shaking head*** :-(

gunsbut said...

Yeah I undy How did Deaf Mom feel annoy toward cop!

First, I got ticket from cop for speed ticket as I know about it anyway cop stopped my vechile and asked for driver licence and insurance registration but My son and my mom was beside me and cop tried to speak to either one but they did not say anything bec I told both not say thing to cop anyway Cop refuse to write a note down. Anyway He handed me a ticket . We went to Court later month . My mom and I went there and Judge asked my mom to stand up for interpeter for me but I replied she is not cerficate interperter and I need one while Judge had been asked me few times Did you speed? I replied same to say where is cerifcate interpeter then Judge waived it away

Second, I passed by yellow light and saw cop vechile and I thought it was okay but it was not till they stopped me and a cop asked me for car insurance and driver licence as I know my routine as well then handed a ticket to me . I went to my province court to see a magrasistre to see cop report but a person dont allow it to show me but How Can i plead quilty or not quilty with/out see report but quickly she showed me his written report and I was surprised that he sad I undy his lip read ands I decided to say not quilty. Then went to Court You know what! That cop did not show up then I asked a clerk but clerk had been asked Judge about not get interpeter then told me to throw my ticket away!

Don't afraid to say need certifcate interperter in few times as your right!

Squ65 said...

Police who knows sign language is no-no.

The court violated the ADA law.

Waiting all day for certified ASL interpreter who was never called to the court. What a waste.

Best next time .. Type up the note and explain this to the lawyer (in advance) that you need an ASL interpreter otherwise your case must be postponed or delayed! The lawyer was supposed to do the job for YOU but he/she didn't! Your lawyer is idiot! What's wrong with the judical system?? They just get away with it.

A few months ago, I got a $50 ticket for going thru the Fast Lane toll booth (a long story - a heavy construction and a stupid mapquest direction). I had decided to appeal and go to the court. I requested for the ASL interpreter and ... a few weeks later ( a day before the my court date) , I got a call from the court and I was told I got waived! lol Getting an interpreter is expensive so it is no use ... astead I got waived.

Deaf Pixie said...

OHHH, No! :{

Next time your mom or anyone go to court.. Please print out the NAD and show the judge about A.D.A say the court must pay for interpreter. Not forgien language.

Unbeleivable! your mother should have show the judge and get reschedule date for judge. I heard that Nevada have a lack of interpreter. I am not quiet sure if it is lack of interpreter.

Squ65 said...

A friend of mine who is a full time ASL interpreter at the Boston hospital told me many hospitals in LV refuse to provide the interpreters. He went to the Medical ASL interpreting conference that's how he learns about this. They will refer you to the county hospital because it is funded by the government. Umm ... My heart goes out to your mom and the rest. Something wrong with the system.

Tar said...

It is so sad to see that Police continuing taking advantage of deaf people.

I def agree with Deaf Pixie..

I believe that your mom has experience victim of their police because they ripped off your mother and I call it "Use her for sex and money" pardon my joke but it is so obviously. Lol..
Thank you, Barb Digi for bring up this subject with us. I always love your debate! =-)
- Tar

Richard Roehm said...

It's not "the law". It's a lot more of "where are the interpreters?" and we can all look up to the VRS industry for the answers.

Richard

Deb Ann said...

Oh my goodness! It's still not right. My friend has been through a hard time with the court. He has been showed up at the court several times and the court did not approve the interpreter he needed, so he wrote the complaint letter to ADA and they did investiage and requested the court to improve the system for approving an interpreter.

Seek Geo said...

Hi Barb DiGi!

Oh finally here comes part two, lemme watch now...

OMG!! That is not so right! That is exactly what we need to concern about that other foreigners can easily get their interpreters with NO problem but for us Deafies, it is NEVER easy on getting interpreter! I don't see how can it be fair?!

But then again.. I can't say if this is very true but I heard that getting ASL interpreters can a bit more expensive than others, that or other reason because with police training, they already have been trained to be aware when it comes to where they need an interpreter for different language speaking so therefore they never include ASL in that part of training, it's just in my opinion one or the other.. or even both.. or something else?

I was going to say, no! Don't accept the cop to do the "signing" for her! But at the same time, I understand completely where she had to give in and let the cop to interpret because she had to deal with everything from day one so it's not even worth it like you said by coming back and take the gamble, etc. So better off paying 100 to get it over with.

But, she definitely should file a complaint stating that she did not receive her needs until at the end that she had to wait and wait for nothing and make sure it will NOT happen again. Also, should mention that someone else had an interpreter so why can't her, too?

We never know they might even try to work things out with her.. even give her money back.

It happened to someone I know from school that he got his fine money back because they don't want him to file a serious formal complaint against them for kinda the same situation what your mom had to go through (in the courtroom, tho) but your mom had to deal the worse part when she was pulled over, so she should explain about it as well.

Let us know what's going on next. I still can't get it over for the fact that she went 4 mph over the limit and was fined $300 over this.... so stupid.

-SG

Deaf Pixie said...

Barb.

I think ADA law .. Often the court doesn't really understand.

I am telling you about one of my friend who lives very small town in Suterlin Oregon and had to go to court in Roseburg, Oregon (45 miles from Eugene.) and found that no interpter show up for small claim court. They decide to sue to Douglas Courthouse for no interpreter. They contacted ADA lawyer and they found they did not aware of ADA law must hire certificate interpreter. By the way they won the case because of small town. They learn lesson ..

I thought about Nevada might have lack of interpreter in Las Vegas? I am not really sure how much interpreter lives in deaf community or in Las Vegas,etc. I keep wonder why Court hired forgien language agencies are not familiar and violated of Court required by ADA. It seem so complications for me to know which or who's fault.. I feel bad for your mom go through HELLLLL! Cop often clueless. I wish I am with your mom and would dare to straight out!

My idea is:

Print out of NAD and leave in car in case .. Ready to communicate and give the cop of business card. Make a deal to communicate with cop with a pen and paper. and Give AGencies's address and phone.
I always carry NAD print out for doctor office or any place. Just Give Police and ask him for his business card with what his number. some kind of approached to be straight out.

I know how much it could be very risk for misunderstood to get out of car. You can file complaint Human Civil Right or ADA. I think much easier with ALCU. They do have a ADA law. You can researching of http://www.aclu.org or you can research google for Human Civil Right in Nevada state. I am tried to find for your mom.

Something you have to figure which one ACLU or Human Civil Right.. I feel that ACLU is proably best for defent to against police Department. Try that!!

Off topic:

For example I saw the Taser issues in deafread very recently. The deaf man died from taser.They should use ACLU,too

Hope it getting some helpful?

Thank, Tar for good comment. ;)

Deaf Pixie

Deaf Pixie said...

Barb,

Again I forgot one things .. Tell police to exchange between your mom and police. I think What is mess up with Nevada??

I am furious about interpreter issues for long time. My ears already smoked out.

;)

Deaf Pixie said...

Barb,

Nobody want me to slap on Cop's face. I think I already act likely Zsa Zsa Gabor?

Anyone can try for your mom's sake?

Jean Boutcher said...

Your mother has a good chance to be waivered because the court has failed to comply with the ADA. Consult the NAD for more information. Not only would she be waivered but she might possibly be awarded the money for having going through humiliation and aggravation and sleep loss from worrying about having to pay $300.

Anonymous said...

Barb,
I went through the problems with court even though attorney did try to convince my husband by using his computer for communciation, writing forth and back, etc but we denied all requests. Our attorney became frustrated but he had to learn to help us fight for our rights and court kept postponing until the court finallllly got cert. interpreter by how...I had to contact DCS (Deaf Community Services) and explained situations from begninning to latest. so the director went to court house and approcached the deputy who was responsible with court. She explained ADA, etc and showed papers (deputy did gave director hard time, argued but director was still strong to argue back until he finally understood.
One more thing, our friend's daughter who was on probation that required to do community services and happened to be in court one day when we were there. She had to pay fees then went to court for her own reason. The deputy used her to interpert (not cert. interpreter) for getting points on her part...community services. She did then I straightly told her that we did not want her to be involved with us because we know her family which did not know nothing about what happenend to us that ended up in court and gossips, etc. She respected and decided to tell court that she did not want to do it again next time. We were furious that they used her..duh!!! I learned that that court (where we went) was still stubborn about getting interpreters/giving Deaf hard times in past so I hope that from now they get easy on Deaf people about interpreters. Oh one time before court, attorney called interpreter about signing papers and she interpreteed what attorney said then attorney told her that she should not tell us what they were talking but interpreter said that she had to because of ethnics (mispelled) then attorney said nothing and asked her to come follow him and moved to another place aside from us. funny... so I bet attorney had learned alot from us and interpreter and ADA. At beginning, he knew nothing about ADA regarding interpreters, etc so DCS sent him copies and he also looked up on internet. Duh?? I thought all lawyers were aware of ADA..
Your mom needs to complain about court's wrong process with interpreter situation and no excuse for not hiring cert. interpreter, used cop that conflicted with his job and signed for her and court. I guess all courts and lawyers need to be educated.
I wish her the best of luck if she decides to file against them.

Have a very Happy Thanksgiving!!
CJ

Anonymous said...

I am very sorry about that. I live in Las Vegas. We are having interpreters shortage because most of the interpreters got job at video relay center here in Vegas. IT is very difficult to find a good and qualified interpeter in the Las Vegas Area. Again, I am very sorry about your mom's situation. She should file a complaint against police department.

Anonymous said...

One more thing to add my comment at 1:09 am Nov. 22, 2007.

Like I said that attorney had to help fight for our rights. Actually he did not really help much because I noticed sometimes that he said that court/judge/deputy said no and recommended, etc and he had to follow them instead of help fighting for our rights as if he was afraid to lose his job/bar (license),suspend from his job, etc. The most reason I feel that interpreter situations become hard on lawyers with Deaf clients when court comes due to court/deputy.
CJ

Anonymous said...

Sometimes we don't want to have to show up in court again due to not having an interpreter, but unfortunately if we want the judge to hear our full story without any conflict of interest, we have to ride it out and simply tell the Judge, "I will not proceed without a certified ASL interpreter." When fighting for rights, we sometimes have to ride it out, which takes time, energy, persistence, and perseverance. This story makes me upset; the police officer did not give your mom any rights. This particular cop was totally ignorant of Deaf drivers. I was practically seething throughout the whole story, Part I and Part II. That officer had clear-cut prejudice against Deaf drivers. Or, he is a dumb jock that doesn't know the difference between a blonde and a brunette. Anyway, your mom deserves credit for standing up for herself as long she could until she decided, she didn't want the system drag her on.

W. David Samuelsen said...

Mishkenza and Squ65 got much correct information.

The rest aren't up to date.

Your mother should have informed the court of the intent to file formal complaint with the DOJ.

If this happened just 1 and half hours to the east in Utah, the court is mandated to get licensed interpreter before proceeding.

As for the police, it is same thing, too.

The courts were mandated as part of DOJ settlement after a prospective deaf juror was called and the court would not provide interpreters, the end result the courts now do for all aspects of courts statewide in Utah.

I can't say much for Nevada, don't know what NvAD is doing about the interpreter situations but to get the ball going, your mother needs to file formal complaint with the federal Dept of Justice.

Susan said...

I feel for your mother, what a hard time she went through! The court handled it all wrong... I guess the only way she can do is to keep standing firm and let the lawyer know that she refuse to proceed until a certified interpreter has arrived. I believe it is the lawyer's job to ensure that your mother has a proper certified interpreter. He didn't do his job properly, and your mother was disadvantaged.

Regarding the police man in the previous vlog... I think it will be good to have pen and paper in the dashboard for "just in case". I like the idea of signing on paper with "I don't know what I'm being fined for" :)

SusanA

Deb said...

Barb

What I did in Virginia court. When I got ticketed for speeding and decided to show up to court. I called the courthouse two weeks ahead and request for interpreter.

The day I showed up. Interpreter was not available. When my name was called. I wrote a note to Judge and gave to sheriff to pass on to Judge.

In my note, "I requested an interpreter two weeks ago, the court has not provided me one, I am requesting to continue this case" (continue means, request another court date)

Judge knew of my rights within ADA law granted my request to continue my case.

One month later, again I called clerk of court to request for interpreter two weeks ahead of time.

I showed up 2nd time, interpreter did not show up.

Again, same Judge. I wrote a note that it is my 2nd time in showing up court and interpreter did not show up twice.

Judge wrote asked me how do I plead.

I wrote back, I am asking the court to dismiss my case because I showed up TWICE in good faith and the court has failed to provide interpreter.

Guess what? Judge agreed and dismiss my case.

Reason: Judge knew of my rights under ADA that I must have interpreter to communicate and court has failed to provide my accommodation.

In other words, all deaf people who showed up in court who requested for an interpreter TWO WEEKS AHEAD and keep note of your phone call, date, name of clerk.

If interpreter did not show up, show the Judge your proof of your phone call, date and name of clerk. Judge usually grant your request to postpone court date until interpreter shows up.

That is your right!

Good Luck

B.A.D. said...

I second Jean Boutcher!!!

Anonymous said...

Wow! I understand what your mother is going through as I'm having some problem trying to convince my WC lawyer to get an interpreter...so far he has refused saying we doing fine with his computer in his office and via emails. Deaf service hasn't been successful (or tried hard enuf) in convincing him either. I'm not sure what I should do next...because I definitely need one. My lawyer hasn't really kept me informed as to what's going on and what I will expect next, almost zilch...nada...is that normal? He said not to worry, he will take care of it (the case). I don't like to be kept in the dark.
I've told him so, he never responded to my concerns.

I think and agreed with you n others above, that your mother should have refused and should have been waived or go settle in court for not providing an interpreter...why they didn't have problem providing for a chinese woman but not for you or me and countless others, we need to find out how they got service easily. I can understand the feeling of "Oh, gosh...let's just get it over with!" too much hassle, stress that it just isn't worth it to keep fighting, sometimes!
Happy Thanksgiving anyway! :-)

Judge said...

Barb,

Your mom should file a formal complaint against the court for not providing the terp. It violated your mom's TOTAL rights to accessible and communications.

I would have turned down the cop's offering as an interpreter because the cop is NOT a certificated terp! Again, it violated your mom's.

Sue 'em! I know the pain but in a long run, it will be worth.

T'care.

Deaf Pixie said...

Deb said... Judge and Anonymous,

I agree all of you with about excuse by judge and avoid to hire interpreter.
I keep wonder why they hired foregin interpreter. I feel the same I've been through difficult time from your mom's case and my case are very complications.

Anonymous said...

You or your mom should complain to the sign language interpreter service agency about the no show! It helps to be proactive and check with the agency to ensure that the request is filled and that the interpreter is the one you prefer.

That cop, who stopped your mom for speeding four miles over the maximium, seemed to be overly zealous and picky over a few miserable miles. Maybe you should report the cop to the state? city? police department authorities. He should be reprimanded for his misconduct, mistreatment, lack of conduct and lack of professionalism towards your mom.

Anonymous said...

Where is Part 1 story?? I'd like to see it.

The One and Only Ridor said...

@#$$$%#@#$$%^$$$@#$!$@%@^$%&^%!!!!!

that's my reaction.

R-

DeafKathy (Wilson) said...

Teeth grinding, both hands clasp into fists ready to punch those idiots, the cop, lawyers, whomever tried to twist the thoughts! Thanks for the up to date about this. Grrr, ssssss!!

DEAFNAVYHARLEYDAVIDSONUSA said...

I had same problems past in 1986 when police got the attiude on me and gave me ticket. I accept and go to court and there is no interpeter in court and I stood and use my sign langauge make them learn lesson no interpeter and judge got mad at person who is responible for interpeter and back in seat until wait for another case for finish deaf person then came back to my case. finally interpeter is here and I stood up face to judge and I told judge that i am not pleasure when police talk to me I try tell I am deaf and refuse write down and I dont like who am i being deaf or not ? i look up judge said dismissed case also police got his neck bow down after I walk out interpeter said You lucky I Told my interpeter I have right to speak up can tell what is wrong way no fear my interpeter said damn you smart . i said it my right laws to speak up because i had feel deaf right in my heart of ada laws which is right or wrong no matter what kind of laws can tell you. I am winning for my rights. interpeter said that right you believe in laws and judge will fix it for police do right things for deaf serivce. my interpeter said it is true. best remember my happen in my life follow the heart will tell you. happen in virgina beach, va

Grant Laird Jr said...

Have you or your mother contact NVAD for help yet?

Just wonder.

gwlj

todos la vie said...

I was in a trial recently, and it was a discrimination case against a well known doctor who canceled my surgery when I requested an interpreter. The jury favored the doctor in the end. My lawyers felt that if I was black or Chinese, I would've won, hence your analogy with the courts providing interpreters for Chinese people but not for the deaf. It is simply a hit and miss for some people to get it, that we really do need interpreters.

Anonymous said...

To this person who lives in Las Vegas, I used to live in Las Vegas, too and had same lousy attitude from cop and refused to write down on paper when I requested. Never went to court but I prefer to take class to waive insurance. You said interpreter shortage, I do not think so since this mother I know her had a court date in advance so they should have plenty of time to find an interpreter for the time slot. I agree with Barb to have NVAD to get involve NOW.

Anonymous said...

Let you know that Las Vegas Clark County dept. isn't easy and never would better service to have an interpreter shows up. Cause They refuse to pay the interpreter per hour and the highest prices. That is what I heard from Solution Interpreter Service is increase some interpreters the price rates. That is why They can be demand on some deaf who is attending to the court and have the same problems with some deaf and your mom to waited for an interpreter doesn't shows up too. That is the reason why I used to live in Vegas for a long time. I decided to move out and get tired of their lousy service from the Law, court, and hospital to an interpreter shows up. I found a good place to stay in Florida. They are great service to an interpreter shows up. I am really pleasure and relaxed.