Drivers with autism: NJ license bill aims to avoid miscommunication with cops

In 2019, a 22-year-old Virginia driver with autism was sentenced to 10 years in prison for his involvement in a car accident. Due to a communication breakdown at the scene, police — who were unaware of driver Matthew Rushin’s autism — determined he intentionally caused the crash.

Rushin later was pardoned by Virginia’s governor, but the case left a deep impression on Marlboro’s Deb Fisher. Her son Jay has autism, functions well enough to drive and has experience with a traumatic misunderstanding.

“That age was coming up when Jay’s going to start driving,” she said, “and I was really nervous about his independence as far as driving and what would happen if he were to be pulled over and in any kind of stressful situation.”

In late 2019 she caught wind of a New York bill that provided a simple solution: a voluntary notation on a driver’s license that informs police of a person’s autism.

“I thought, what a great idea,” Fisher said.

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Thus began a campaign of letter writing and phone calls. A year and a half later, a similar bill is on track to become law in New Jersey. The bill, S-741 in the state Senate and A-3191 in the Assembly, permits people diagnosed with autism or a communication disability to voluntarily make a notation of it on their driver’s license and in the motor vehicle commission’s registry, and establishes a program to train law enforcement officers in these kinds of interactions.

It has cleared the transportation committees with bipartisan support and could get sent to Gov. Phil Murphy’s desk sometime this summer.

“I am so excited,” Deb Fisher said. “All the work really was worth it. I’ve been heard. My son is being seen, and he’s being valued. It’s something that makes sense.”

Jay Fisher, 17, got his probationary driver’s license in February and is on pace to become a full-fledged driver next winter.

“I think it’s really great,” he said of the bill. “I feel it’s needed. If someone comes up to me and says, ‘Sir, do you know fast you’re going,' with my ‘ums’ and my ‘ohs,’ I’m scared they’re going to take that as weird stuff. Or if I forget to do something right or I get frozen, I’m worried about how some people would respond. People really need to be understanding of this stuff.”

He’s learned that the hard way.

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A 'devastating' incident

After first grade, Deb Fisher said, “Jay started having autistic meltdowns that were very physically aggressive. He would charge family members. We would give him a supportive bear hug and talk with him and redirect him.”

In second grade, an incident at school turned his world upside down. Although Jay had a case manager in the district, Deb Fisher said the staff at his school was largely unaware of his condition — unbeknownst to her. One day, when Jay did not follow a teacher’s instruction, a conflict arose and triggered a meltdown. The classroom was evacuated, Jay was locked in there alone and the police were called.

He was 8 years old.

“It was devastating,” Deb Fisher said. “Jay was permanently traumatized.”

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Fisher told that story during recent testimony to the Senate Transportation Committee, which voted unanimously to advance the bill. Two Monmouth County legislators — Sen. Declan O’Scanlon and Assemblywoman Serena DiMaso — sponsored the bill in their respective chambers.

“The reason this bill is important is because across the state we are now putting these special-needs registries in place for first responders, where if you’re coming into a home with a person who has autism, you know,” DiMaso said. “But we don’t have that for police officers who are making a traffic stop."

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DiMaso’s office is where Fisher started her campaign

"Police and first responders are being trained on how to approach and work with individuals who are on the spectrum,” DiMaso said. “If we’re training them on how to handle these situations, then they also need to know when they’re walking into these situations.”

Across-the-board support

This seems like one of those rare pieces of impactful legislation where everyone is on board.

“It could be a matter of life and death, honestly,” said Suzanne Buchanan, executive director of Autism New Jersey, a nonprofit agency based in Robbinsville. “In terms of interactions with law enforcement, we know how important first impressions are. Police officers have to assess if someone is behaving in an unusual or suspicious way. Individuals with autism may not make eye contact, may not talk at a normal rate — they might talk too slow or too fast — they might not follow orders, they may show stress in unusual ways.

“These are all things police officers have to make a decision on in the moment. The point of this bill, letting the officer know right away that the person has autism, gives the officer an opportunity to change their interaction style.”

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Marlboro police chief Pete Pezzullo called the bill “a great idea” that fits into a national movement to improve policing.

“If an officer is able to identify by looking at the license that someone is on the spectrum, that’s huge,” Pezzullo said. “If we can avoid the use of force issues by beefing up our ability to communicate, that’s half the battle. It’s going to help us. We won’t be in situations where we’re misreading the scenario.”

The Fishers have a good relationship with Marlboro police, who once helped Jay practice the routine for a driver who gets pulled over.

“I was scared of the what-ifs with first responders,” Deb Fisher said. “Hopefully this slows down the pace of conversation.”

There’s an important detail to iron out: What form will the notation take? For security purposes, Deb Fisher would prefer a symbol that only first responders would know rather than the word “autism.” Others believe it should be as straightforward as possible. The bill encompasses those with autism “or a communication disability,” so that broader scope should influence the way the notation is presented.

The bottom line: An important change is on the way. Deb Fisher always has advocated for her son. Now she’s done the same for an entire population.

“I love Mom,” Jay said. “She’s my favorite person. I tell her that all the time.”

Jerry Carino is community columnist for the Asbury Park Press, focusing on the Jersey Shore’s interesting people, inspiring stories and pressing issues. Contact him at jcarino@gannettnj.com.

This article originally appeared on Asbury Park Press: Drivers with autism: NJ license bill aims to avoid miscommunication with cops

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