I have a DWI defendant who is deaf and does not know official sign language, he knows only sign language that he uses with his family to indicate basic essential needs. This is the 2nd DWI arrest and I really want to make this one stick because his first was dismissed. Any suggestions will be greatly appreciated.

jeff.janes@co.limestone.tx.us

Does he not read and write? I assume you are talking about issues in taking him to trial since it would be too late to discuss warnings, etc.

If he does read and write, obviously simultaneous translation on a computer of court proceedings would work.

However, I'm figuring there's more to this than that, right?

See Adams v. State, 749 S.W.2d 635, for similar problem. Alternative methods may, for instance, include the use of sign language, finger spelling, lip reading, written communication, or stenographers to provide simultaneous transcriptions, or a combination of these methods, depending a person's proficiency in the different systems of communication.

Your court reporter may be able to provide a near real-time plain language transcript on an additional monitor set up for the defendant to view.

Also, take a look at CCP 38.30 regarding the use of an "intermediary" when the available interpreters for the deaf are not adequate. Depending on your situation, this could work.