Need help fast, need info to where law says interpreter required when pulled over

Shibby

Shibby

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I was told that the Federal Law requires interpreter at time when i get pulled over, cause i got pulled over north of Corning, NY, by the New York State Police, that officer was a major huge asshole, and i requested a interpreter and he refused, and cited me anyways. He also even refused to give me a paper and pen, and i had to get my own paper and pen out of the glove box. The cop smirked kinda laugh at me when i asked for a damn interpreter. It took me long time to make him believe i was deaf, i still think he still doesnt believe i was.. I have witness, my gf....

can somebody point out where i can find information about the law that requires interpreter? i called the District Justice and they had no idea about that law..
 
Done.

Shibby said:
I was told that the Federal Law requires interpreter at time when i get pulled over, cause i got pulled over north of Corning, NY, by the New York State Police, that officer was a major huge asshole, and i requested a interpreter and he refused, and cited me anyways. He also even refused to give me a paper and pen, and i had to get my own paper and pen out of the glove box. The cop smirked kinda laugh at me when i asked for a damn interpreter. It took me long time to make him believe i was deaf, i still think he still doesnt believe i was.. I have witness, my gf....

can somebody point out where i can find information about the law that requires interpreter? i called the District Justice and they had no idea about that law..
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Educate thyself:

1. The Civils Right Act of 1964 VI.

2. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794

3. Department of Justice (DOJ) Regulation, 28 C.F.R. Part 42

4. State of Maryland v. Barker, Crim. No's. 17,995 and 19,518 (Md. Cir. Ct. Dec. 8, 1977);

5. State of Oregon v. Mason, Crim. No. C 80-03-30821 (Or. Cir. CT May 27, 1980).

6. Title II of the Americans with Disabilities Act, 42 U.S.C. 滑12131-12134

7. Title II of the Americans with Disabilities Act 28 C.F.R. Part 35, 56 Fed. Reg. 35694

* Disclaimer:
This material was prepared by the Al-Khawarizmi. It is intended solely as informal guidance. This material is not legal advice. For technical assistance and additional information about how laws against discrimination apply to you, contact the nearby Law Center, a local attorney, or an enforcement agency.

Praise Umanita!

~Al-Khawarizmi
 
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AL-KHAWARIZMI said:
Educate thyself:

1. The Civils Right Act of 1964 VI.

2. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794

3. Department of Justice (DOJ) Regulation, 28 C.F.R. Part 42

4. State of Maryland v. Barker, Crim. No's. 17,995 and 19,518 (Md. Cir. Ct. Dec. 8, 1977);

5. State of Oregon v. Mason, Crim. No. C 80-03-30821 (Or. Cir. CT May 27, 1980).

6. Title II of the Americans with Disabilities Act, 42 U.S.C. 滑12131-12134

7. Title II of the Americans with Disabilities Act 28 C.F.R. Part 35, 56 Fed. Reg. 35694

Praise Umanita

~Al-Khawarizmi
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wow thats a quick reply, well um could you show me where i can find those info, so i can read it and show it to the court and such? Thanks for the quick help tho!:)
 
Shibby said:
I was told that the Federal Law requires interpreter at time when i get pulled over, cause i got pulled over north of Corning, NY, by the New York State Police, that officer was a major huge asshole, and i requested a interpreter and he refused, and cited me anyways. He also even refused to give me a paper and pen, and i had to get my own paper and pen out of the glove box. The cop smirked kinda laugh at me when i asked for a damn interpreter. It took me long time to make him believe i was deaf, i still think he still doesnt believe i was.. I have witness, my gf....

can somebody point out where i can find information about the law that requires interpreter? i called the District Justice and they had no idea about that law..
Click to expand...


Whoa, this is ABSOLUTE bullshit that the District Justice doesn't know anything. Look up Section 504 in the American Disability Act and file an official compliant with the ADA people directly. More information can be found on the ADA site- http://www.ada.gov/
 
From my knowledge and experience, you can't ask for an interpreter when you are pulling over by a state police. The only way you can ask for an interpreter is when they read your rights.
 
kevbo said:
From my knowledge and experience, you can't ask for an interpreter when you are pulling over by a state police. The only way you can ask for an interpreter is when they read your rights.
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:werd: it happen to me before and it won't let me get interipter too
 
oh okay, im gonna read that link Pure Ion gave me, and see what i can do, and talk with my roomate who has the card and got information that says its required to have interpreter present. and go to court, since that officer was very very rude and gave me ticket for 83mph instead of 77mph!!!!!!
 
just pitch in the thoughts or point of view ... The police just laugh their ass off because they know they won't get the interipiter in the times ... since the police doesn't have times to wait for someone to show up as well as are u willing to sit and wait for the interiptier to show up in like one or two or three hours ??? how do u like it ? since Police doesn't have times to wait otherwise if u make the police wait then u would have cause more vitcim show up on his marker head list ... who blames ?? u or police ??? then it is u !! not Police !! so u will get the interipter at courts that simple so all of us need to learn how to be shut up while pull over thats fine ... and get ticket then u can agrue at the courts only the way we can see that goes work out .. I wouldn't wait too long hours for interipter to show up for simple reasons of speeding or anything else unless if i get the midara right then i would damn request for interipter for sure ... thats big difference so think about it
 
for general minor traffic infractions (speeding tix, illegal turn tix, and such) -- a terp is not required to respond to scene as the officer will ask u for ur DL and vehicle registration (if ur state requires that u carry them at all time) some other states also in addition would require insurance registration -- if the officer finds that u are carrying something illegal at a traffic stop then the officer can at that point request a terp or another officer that knows signs to respond to scene and say the miranda to u along with giving u card with the miranda rights (both signed and printed on paper)

overall really its not required to have a terp present since the citation will show what u are pulled over for and what fine u are given and etc and u as a deaf person can read all that info on the citation prior to signing it

ive been pulled over 4 times for traffic citations -- all for speeding and never had a terp altho i have told the officers that i am deaf and to allow a few extra minutes of making anything understood both to myself and to the officer
 
Get in touch with the right people and find out what you need to know. That ADA link someone posted is a good start. Yelling at the officer will not solve anything, if he has proven himself to be difficult for you to communicate with... interp or no! Just write down his NAME. LOL!!

Office Asshole: (says something with a smirk, but you can't hear it)

You: (writing this down)I am deaf, and am I to understand that you are not willing to accomodate my needs even to write with paper and pen? Can I have your name?

Office A: What? Ehmm... *tags at his collar and gulps*

you: (writing) Never mind, I believe I have your name on this ticket you're writing. I'll contact your boss and have a nice chat with him, among other people who promote awareness on interacting with deaf folks. I am willing to pay the ticket as I see I am at fault of a violation ****if you actually violated something that is lol****, but I do expect good communication. Thanks and have a nice day.
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Maybe the cop think you'll use deafness as an excuse to wiggle out of paying your fine when you actually violated something.... could account for the irritation and rudeness. That's one point to consider. Just let the cop know you'll pay for it since you know you are at fault, but you expect better communication. You deserve that. If you think something went wrong, and you didnt violate anything - just dispute the ticket by contacting a number given on the ticket, OK? Good luck!
 
NEVER admit that you're at fault... you have a right to silence. You can fight the ticket by showing up to court sometimes it's thrown out. And I imagine an terp should be provided by the court too.

Just my two cents
 
Check ur drivers license. In some states there should be a code on the license for Deaf/HI on it. Point that out to the cop that pulled ya over and write out anything else on paper. (Tennessee license code for Deaf/HI is 28 along with 04 for Outside Mirrors. It is on the back of the license)

I've been pulled over a lot by cops myself and I feel for just a ticket its a waste of time to just wait for a terp to come over to straighten out with cop.
I just basically deal with cops by paper and pen and from experience gathered by a lot of traffic stops, I got a few basic tips on dealing with cops without a terp.

1) When u get pulled over turn on ur FLASHERS so cop will know that there is a Deafie in the car-I got that info from a Tenn Hwy Patrol cop a long time ago.
2) Keep the pad and pen in a handy place other than glovebox along with car registration and ins. papers so u dont waste time looking for what u need.
3) Pulled over at night? Turn off the headlights except for the flashers and most important....turn on the dome light to allow for communication with cop.
4) Most important: Keep ur mouth shut! The more smart-ass u get with cop the more likely he will slap u with a citation than a warning!


I havent had much problems with cops as a Deafie myself when I get pulled over. Most of the time I get off scoot-free with a warning and I hadnt had a ticket since '95 (That year I piled on 5 speeding tickets and a broken headlight one) *knock wood* but those tips should help but most important is to check ur license code for Deaf/HI and point that out to the cop so he will know u aint yanking on his chain.
 
There is no federal law that requires interpreters.

The ADA says you must be reasonably "accomodated", in other words the police can use any method to try to communicate with you, like writing notes.

But it is okay to ask for an interpreter.

However, like many here already said, keep you mouth shut. Other than to ask for an interpreter, the only words out of your mouth should be: I want a lawyer.
 
Bush_in_2004! said:
There is no federal law that requires interpreters.

The ADA says you must be reasonably "accomodated", in other words the police can use any method to try to communicate with you, like writing notes.

But it is okay to ask for an interpreter.

However, like many here already said, keep you mouth shut. Other than to ask for an interpreter, the only words out of your mouth should be: I want a lawyer.
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right. there is no such federal law. you are screwed. go to traffic school. next time, be nice to the cop and tell him to speak loud and slow so that you can read his lips, or provide him a piece of paper and pen to write down things... its better to be nice than to piss him off and write you a ticket.
 
alrighty, well this isnt my offical first ticket tho.. i got a long list, but im going to fight for it since I was driving and had cruise control set at 77mph since i wanted to be under 80, and he ticketed me for 83, and i for sure know my speedo isnt off, since i got ticketed for 91 in 65 about 45 mintues before i got pulled over for a 2nd time but in a different state. the 91 in 65 ticket was in PA. I had the cruise control set at 90-91 it was just a wee bit past the 90 mark on the speedo. those 2 tickets are my offically 6th speeding ticket since 1995.
 
I remember a few times I got stopped in California for speeding, I'd indicate to the officer who pulled me over for speeding that I was Deaf and needed a few minutes to spare for us to communicate on paper and pen. Two times, I was waved aside and told not to speed again. The 3rd one, he was actually nice, but apologised that he had to give me a ticket because I was over the speed limit. I said I was aware of that and got the ticket. At least, the officer was friendly and understanding.
But one incident stands out vividly in my mind -- when I got a parking ticket here in Australia, I had just arrived to pick my car up at the local train station, officer was there at my car, writing out a ticket, I was only a few minutes over the time limit and I told him I was here now and was leaving. He said no, sorry, you're still getting a ticket. Augh! I was so pissed off. *sigh*
 
You're not the only one here, Shibby. I got pulled over some where in upstate almost 2 years ago. The state trooper was a major asshole, he seemed doesn't want to be bothered nor waste his time to listen what I was trying to tell him that I was deaf. All he wanted was the DL and registration then quickly gave me the ticket and walked off. I was speeding kinda way over the limited zone and I had to pay for it. I had no time for court anyway. ;)
 
somewhat OT a bit but related to cops and how to be better prepared:

Two friends from out of state get pulled over for speeding in Texas. The cop gets up to the window, pulls out his Maglite and raps the driver upside the head with it.

"Ow! What was that for?!"

"When you get pulled over in Texas, you have your license *ready* by the time I get to the window."

"Oh, uh, okay..." A few minutes later, with the ticket written and all seemingly said and done, the cop walks over to the passenger's window and taps it with his flashlight. When the window comes down, he hits the passenger on the head with the Maglite.

"Ow... What the hell was *that* for?!"

"Just giving you your wish." The cop answered.

"What's *that* supposed to mean?!"

"Half a mile up the road, you were gonna say: 'I wish that asshole had tried that shit with me!'"
 
sablescort said:
somewhat OT a bit but related to cops and how to be better prepared:

Two friends from out of state get pulled over for speeding in Texas. The cop gets up to the window, pulls out his Maglite and raps the driver upside the head with it.

"Ow! What was that for?!"

"When you get pulled over in Texas, you have your license *ready* by the time I get to the window."

"Oh, uh, okay..." A few minutes later, with the ticket written and all seemingly said and done, the cop walks over to the passenger's window and taps it with his flashlight. When the window comes down, he hits the passenger on the head with the Maglite.

"Ow... What the hell was *that* for?!"

"Just giving you your wish." The cop answered.

"What's *that* supposed to mean?!"

"Half a mile up the road, you were gonna say: 'I wish that asshole had tried that shit with me!'"
Click to expand...

LOL did that really happen?
 
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