Legal Question in Disability Law in Georgia
I have Bipolar Disorder to the extent of being disabled and have been placed in Hall county's DUI court program. This program failed to acknowledge my doctor's suggestion to place me in their HELP court program, which is for persons with metal illnesses. Instead, they are forcing me to take group counseling declaring me an addict. I am not an addict, I have Bipolar disorder and sometimes drink when episodes arise. Regardless of that, if they wish to intervene and force me to counseling, should they not have me do counseling that deals with my illness, the true underlying cause of my issues. I already have been in professional help for four years and had a simple slip up, which landed me in DUI court. As a "public entity" as defined by section 12131 of the Americans with disabilities act, state and local governments should make reasonable accommodations for person with disabilities?? Additionally, is it constitutional for them to have required us to attend a Christmas party at a church with Santa Claus, poinsettias, and a choir singing about Jesus. What happened to Thomas Jefferson's "wall of separation?" The DUI court is actually triggering my illness as opposed to helping me. Do I have any leg to stand on to get them to "adjust" their program to accommodate my disability?
1 Answer from Attorneys
A DUI is not a "simple slip up." It is a serious crime that could involve jail time (or prison in many cases), and the best person to answer your questions is your lawyer who handled your case (and people charged with crimes need a lawyer). No one here can possibly know all the details of your case, so responses here won't help you. Trying to apply the ADA to punishment for a crime also won't get you very far. You need a lawyer, or accept the terms. Often, when a person can't accept the terms of a sentence (or diversion program), the alternative is jail. Again, we don't know the facts of your case.