Confusion turns into violent traffic stop for deaf man

If I think you are reaching for something to harm me or someone else I have the right to and will exert control over the situation.

With all the "officer over-reacted", "officer should have waited" starting in on this thread as well... I just have to say most of us would
"rather be tried by 12 than carried by 6"


sorry to burst your bubble but when the driver accepts a mere $50,000 from the city, it's because he knew he would lose this case if it goes to trial.
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True. It also saves $$ to pay out a small amount without liability.
 
COMMONLY ASKED QUESTIONS ABOUT THE AMERICANS WITH DISABILITIES ACT AND LAW ENFORCEMENT

II. Interacting with People with Disabilities

5. Q: What are some common problems that people with disabilities have with law enforcement?

A: Unexpected actions taken by some individuals with disabilities may be misconstrued by officers or deputies as suspicious or illegal activity or uncooperative behavior.

Example: An officer approaches a vehicle and asks the driver to step out of the car. The driver, who has a mobility disability, reaches behind the seat to retrieve her assistive device for walking. This appears suspicious to the officer.

* Individuals who are deaf or hard of hearing, or who have speech disabilities or mental retardation, or who are blind or visually impaired may not recognize or be able to respond to police directions. These individuals may erroneously be perceived as uncooperative.
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What can be done to avoid these situations?

Training, sensitivity, and awareness will help to ensure equitable treatment of individuals with disabilities as well as effective law enforcement. For example:

* When approaching a car with visible signs that a person with a disability may be driving (such as a designated license plate or a hand control) , the police officer should be aware that the driver may reach for a mobility device.

* Using hand signals, or calling to people in a crowd to signal for a person to stop, may be effective ways for an officer to get the attention of a deaf individual.

* When speaking, enunciate clearly and slowly to ensure that the individual understands what is being said.

* Finally, typical tests for intoxication, such as walking a straight line, will be ineffective for individuals whose disabilities cause unsteady gait. Other tests, like breathalyzers, will provide more accurate results and reduce the possibility of false arrest.
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6. Q: What if someone is demonstrating threatening behavior because of his or her disability?

A: Police officers may, of course, respond appropriately to real threats to health or safety, even if an individuals actions are a result of her or his disability. But it is important that police officers are trained to distinguish behaviors that pose a real risk from behaviors that do not, and to recognize when an individual, such as someone who is having a seizure or exhibiting signs of psychotic crisis, needs medical attention. It is also important that behaviors resulting from a disability not be criminalized where no crime has been committed. Avoid these scenarios:
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10. Q: Do police departments have to arrange for a sign language interpreter every time an officer interacts with a person who is deaf?

A: No. Police officers are required by the ADA to ensure effective communication with individuals who are deaf or hard of hearing. Whether a qualified sign language interpreter or other communication aid is required will depend on the nature of the communication and the needs of the requesting individual. For example, some people who are deaf do not use sign language for communication and may need to use a different communication aid or rely on lipreading. In one-on-one communication with an individual who lipreads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

* Examples of other communication aids, called "auxiliary aids and services" in the ADA, that assist people who are deaf or hard of hearing include the exchange of written notes, telecommunications devices for the deaf (TDD's) (also called text telephones (TT's) or teletypewriters (TTY's)), telephone handset amplifiers, assistive listening systems, and videotext displays.
* The ADA requires that the expressed choice of the individual with the disability, who is in the best position to know her or his needs, should be given primary consideration in determining which communication aid to provide. The ultimate decision is made by the police department. The department should honor the individuals choice unless it can demonstrate that another effective method of communication exists.

* Police officers should generally not rely on family members, who are frequently emotionally involved, to provide sign language interpreting.
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12. Q: Do I have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf?

A: No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.
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just something interesting to read regarding law enforcement and deafies :)
 
Remember - driving is a privilege, not a rights. It's your responsibility and job as a driver to know what to do if the police stops you. Do not assume the police will automatically assume/understand you. Learn the procedure and Prepare for it.

If You Are Stopped by the Police While In Your Car...
* As soon as you notice the police emergency lights pull your vehicle over to the right and stop immediately.
o Although you might not know the reason, you should pull over right away.
o You may have committed some minor traffic violation without realizing it.
o There may be some problem with your vehicle of which you are unaware.
* Remain in your vehicle while the officer approaches.
o Do not attempt to get out of your vehicle or approach the officer.
o Exiting your vehicle does not assist the officer and may be perceived as a threat.
o For the officer's safety and yours, remain in your vehicle.
* Turn on your interior light if stopped at night.
o A lit vehicle cabin will reduce the officer's concern regarding weapons or other possible threats within your reach.
* Keep your hands easily observable, preferably on the steering wheel where the approaching officer can easily see them.
o Reaching under your seat or into your glove box are actions that will cause the officer concern that you may be reaching for a weapon.
* Give your license and proof of insurance to the officer if asked to do so.
o Oklahoma law requires a driver to turn over this information upon request by a uniformed officer or an officer in plain clothes who displays proper identification.
o Most officers will not provide a specific reason for the stop until they have received your license and proof of insurance. This is to avoid debating the reason for the stop prior to acquiring this necessary information.
* If you wish to inquire as to why you were stopped or offer an explanation, do so before the officer returns to his or her vehicle.
o Answer all questions honestly. Information pertaining to prior arrests or traffic violations is easily verified via the police dispatcher.
o Touching or threatening a police officer or acting in a disorderly manner could result in the filing of additional charges against you and you may be arrested.
o If the officer asks you to step out of your vehicle, do so without any sudden or threatening movements.
o Give the officer approximately 3 - 5 feet of "personal" space as a safety zone to do his or her job.
o Remain in your vehicle at all times unless told to do otherwise.
o Do not become argumentative, disorderly, or abusive. If an officer has already written a ticket, it cannot be voided at that time. If you believe that you have been unfairly treated, DO NOT make that argument on the side of the road. Your best alternative is to carry your protest to the Appeals Process.

Whether an officer issues you a ticket or gives you a warning is entirely up to their individual discretion. Your conduct during the stop may influence the officer's decision.
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Don't Be Offended

Most citizens already realize that law enforcement is a difficult and dangerous profession. Scores of police officers are killed each year, and hundreds more are injured and assaulted. For these reasons, police officers tend to be extremely cautious. They place a great deal of emphasis on officer safety and survival. Certain safety practices are instilled in our officers from the first day of their careers. Although the procedures maximize safety for the officer, they may seem standoffish, impolite, or offensive to citizens who may not consider such precautions necessary with "them." Even though you have no intention of doing the officer harm, he or she will probably maintain a defensive posture until the officer feels that there is no risk of confrontation or injury. As far as police officers are concerned, there is no such thing as a "routine" traffic stop. Every stop has the potential for danger.
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In All Police Encounters...

* Avoid making sudden movements (for your wallet, into your coat, toward your waistband, etc.) until you have informed the officer of your intention to do so and the officer has said it's okay.
* Do not carry weapons (real or otherwise) or even joke about having a weapon on your person. Persons authorized to carry concealed weapons legally (law – enforcement and licensed by the state) must inform police when stopped.
* Do not touch the police officer or violate his or her "personal" safety zone (3 - 5 feet).
* Remain calm and avoid being argumentative. (If you are uncooperative and refuse to answer reasonable questions, the officer is likely to become more suspicious and the encounter will probably last much longer than necessary.)
* Comply first, then you may seek an explanation from the officer or the officer's supervisor later.
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Jiro said:
we do have "Deaf Sticker" on our driver license but I think I agree with you in having special license plate like a handicap symbol.

oh btw - prop up for your dad. Pittsburgh is a rather rough city for cop.
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Thank you. My dad knew one of them who was killed, and I knew the guy Brian Jones who broke his leg from it.

My dad was shot at few times, almost got killed in an accident that gave him perminant injury.
 
If Cop pulled you over, Just point both finger to ear and shake head a bit and :shrug: Cop would figure that you can't hear and just sign "note and pen". Cop should provide you a note and pen if he have it. It did worked well for me. I got pulled over last year and I did what I should do and Cops laugh a bit and one of them went back to their cruiser and returned with note and pen.. I wrote down what's happening. He said that I was pulled over because I drove though the stop sign at Airport parking lot. I told them I didn't see it. The let me go and off I went. :giggle:

Don't need to reach note and pen from glovebox or any comparments that would have alarmed Cops.

I've heard one sad story that Cop shot deaf man when he was reaching for note and pen.


Catty
 
purplecatty said:
If Cop pulled you over, Just point both finger to ear and shake head a bit and :shrug: Cop would figure that you can't hear and just sign "note and pen". Cop should provide you a note and pen if he have it. It did worked well for me. I got pulled over last year and I did what I should do and Cops laugh a bit and one of them went back to their cruiser and returned with note and pen.. I wrote down what's happening. He said that I was pulled over because I drove though the stop sign at Airport parking lot. I told them I didn't see it. The let me go and off I went. :giggle:

Don't need to reach note and pen from glovebox or any comparments that would have alarmed Cops.

I've heard one sad story that Cop shot deaf man when he was reaching for note and pen.


Catty
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yea exactly. just keep a "deaf card" handy and be prepared for it. for ie - if your driver license has a deaf sticker, just take it out beforehand and show it immediately once the cop arrives. I mean - the poor fella just got manhandled when he reaches out for his wallet and got his nose broken....
 
I am not sure I like the license plate idea.

Sometimes those who prey on people actually look for those handicapped plates or placards because they think that person is easy pickins.
 
ASLGAL said:
I am not sure I like the license plate idea.

Sometimes those who prey on people actually look for those handicapped plates or placards because they think that person is easy pickins.
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that's why it should be optional. if the driver wants it, go ahead. or perhaps they should have the license plate registered as "DISABLED" so that it'll appear in officer's computer screen. :dunno:
 
or perhaps they should have the license plate registered as "DISABLED" so that it'll appear in officer's computer screen.
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actually, it would be nice to have information attached to the NCIC such as 'deaf' or what ever condition applies. I would rather see it on a license carried on the person or in the computer as opposed to on the car. You could still have the hang up disabled placard for those with physical disabilities for parking spaces though.
 
There is such license plates for deaf/HoH out there.

Tennessee and several other states (Arizona for one) have been offering such for the deaf/HoH population for several years. They are an option, not required to have.

See Tennessee's License Plate for deaf/HoH.

I wouldn't be caught dead driving around with one on my car.
 
I opposed the idea of license plate showing your Deaf, this would invite criminals because they see you as Deaf, making it perfect target for them to attack because they KNEW you are Deaf, and not worry about making noises. Very dangerous! I would ONLY support that the License plate is to be flagged by DMV and on police computer only. No obviously code on license plate, period, no displaying tags anywhere on my vehicle period.
 
diehardbiker said:
I opposed the idea of license plate showing your Deaf, this would invite criminals because they see you as Deaf, making it perfect target for them to attack because they KNEW you are Deaf, and not worry about making noises. Very dangerous! I would ONLY support that the License plate is to be flagged by DMV and on police computer only. No obviously code on license plate, period, no displaying tags anywhere on my vehicle period.
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that's why it's optional for you to get the personalized license or not.
 
Jiro said:
I think "where" does not matter. Point is - the cop THOUGHT the driver's reaching for a gun, thus took an immediate action to prevent him from doing so.
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No, I see no excuse for police´s behavior. His behavior toward deaf driver is a paraniod.

by the time the cop's sure of driver having a gun, he's already dead. Beside - it's no excuse for driver's stupidity/unawareness in this kind of situation either (deaf or not).
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No matter what, but it is still NO excuse!!!

Simple -
1. do not make a sudden movement.
2. keep your hands visible and on the wheel AT ALL TIME.
3. Tell/Notify the officer FIRST if you want to reach for whatever you gotta reach for.
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Police stopped me few times in the past but they did not act paraniod if I made a movement. They know how to handle their professional because they trained how to deal with the people.
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Cheri said:
How would you know what went on when you weren't in that car? What if the officer asked him some questions?

Normally a police officer may ask the driver "Do you know why I pulled you over?" or ask for his/her driver's license, proof of insurance card and the registration of the car and the deaf driver may did not understand the officer and reached for his identification to show the officer that he is deaf. :dunno:
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That´s exact common what the police officer did to every drivers when they stopped them.
 
Jiro said:
more info


sorry to burst your bubble but when the driver accepts a mere $50,000 from the city, it's because he knew he would lose this case if it goes to trial. I guess he just decided to keep $50,000 as an easy cash to finally buy CI? :lol:
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No, I would not take $50,000 offer when I were him because I want the lawmaker to fix to protect deaf/Deaf people from Police Officer´s mistreatment.

That police officer is very ignorant how to deal with deaf/Deaf people that´s why I want to see lawsuit go through and over, then fix more rights to protect deaf/Deaf people.
 
that police officer's action is overrated and ignorance. however, according to my friend who is currently a sheriff in southern california, he said any deaf driver should be calmed and keep their hands on the steering wheel till the officer appears and asks you for driver license and registration papers. the driver can inform the officer that he/she is deaf. the officer will know what to do for both of their safety.
 
Liebling:-))) said:
No, I would not take $50,000 offer when I were him because I want the lawmaker to fix to protect deaf/Deaf people from Police Officer´s mistreatment.

That police officer is very ignorant how to deal with deaf/Deaf people that´s why I want to see lawsuit go through and over, then fix more rights to protect deaf/Deaf people.
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read my post #23
 
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