ADHD and Legal Issues

[Anonymous]

I have a strange question/situation to lay out because at this point, I am at my wit’s end and I don’t know what to do, I mean, I guess that I KNOW what to do, I just don’t get WHY I don’t just do it already. I was pulled over today for the 3rd time in less than five years for expired tags. I have been to court no less than 3 times, have my license suspended, have had a boot put on my car, etc. I can “explain” or justify most of it, I honestly forget to go get the tags, then when I’m slightly late, the cost of the tags increase and so I use the expense as an excuse. I live by myself and my job just barely pays my bills, but then it’s a moot point when I have to go to court and pay fines, not to mention the fact that I then have to miss work to take care of things that I should have taken care of when it needed to be done. Spilt milk…I guess.

The problem is also the toll that it takes on my psyche and general well being. I have been fortunate in that I have not gone to jail, honestly. I have had to pay large sums of money to save my own ass, which has meant relying on friends for loans and rides to and from different locations. While I’m in the midst of it all, I promise, I swear, I vow “I WILL CHANGE, I WILL BE THE PERSON WHO TAKES CARE OF HER CRAP!” and then ah… I don’t make it to the BMV, I’ll get there next pay day, blah blah blah. It’s a cycle without end. I thought that this far into my treatment for ADHD (I take Vyvanse) some of these things would have gotten ‘better’ and I know that it’s more behavior modification than anything else. I also do not want to use my ADHD as a crutch. I don’t want to shrug these thigns off and say “Its just the way that I am.” It can’t fly anymore, and I know that as I’m typing this I sound like the biggest hypocrite on the planet. It’s like the spouse that vows they will never cheat after being caught, empty words without actions to back them up are nothing more than a sales pitch, and I’m running out of “customers” I’m a capable human being who has made a SERIES of bad decisions and they always come back to kick me squarely in the butt. I see a psychiatrist on a regular basis for the ADHD, which was diagnosed 2 1/2 years ago and Bipolar disorder, which was diagnosed in 2003, but to be completely honest, as far as the ADHD goes, this site has provided me with most of my information, support, suggestions for my ADHD I’ve found so much help and support on this site and didn’t know if anyone had experienced legal issues due to ‘procrastination’ and how you overcame it. This has got to be the LAST TIME for me, I don’t think I have anything more to give. I’m almost certain that the judge will advise me to talk to a lawyer, I don’t know if I should discuss my situation with him, or if that sounds like I’m trying to pull something over on them, or if I just go and chalk it all up to a learning experience…again.

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[memzak]

Steffie101 I hear your pain. My problem is car insurance. I have had my registration suspended so many times I have lost count because I didn’t pay my car insurance. I finally, about 3 years ago, had them take it out of my account automatically, only problem is right now I have no money and my insurance was not renewed so now I have to find the money to pay the two months before the state gets involved. I was so proud of myself too. 3 whole years without worrying about whether the cop behind me was going to check my tags.

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[Anonymous]

This is a great topic……. The court system and ADHD…….. I might suggest “Googling” that topic “ADHD and the court system” I do not know the country or states you are all from but I might suggest a couple things. Make sure you have a documented diagnosis of your adhd. Call any legal aid service and explain honestly your issues. If you have a disability and depending where you are from they(the court needs to make reasonable accommodations for you) a defense lawyer might be one of them. Sometimes that is enough to let the judge know you are not a bad guy/girl but one with ADHD. Unfortunately the jails are full of not so bad people just people that cant follow all the rules as they are created. Not an excuse guys a reason and all the more reason it is important to get a handle on our ADHD. Crap I understand ask me about child support issues…I was injured and i could have easily went to court to have it temporarily reduced but NO i racked up a huge amount because I did not…why? the paperwork in triplicates no less please It is a monster… To be honest that is one of the reasons i am addressing my ADHD I am not a criminal I just have real issues that I need to get a handle of and manage !

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[Wgreen]

Well, questions about the law are tough on an international forum. Laws vary by country, province or state. I have NO IDEA how courts deal with such things in Canada…or California for that matter. Too, I’m not a lawyer/solicitor. So what do I know? But your question begs another: is ADD/ADHD viewed as a “legal disability” in Canada or any American state? If it is, you might try to use it as a defense.

Even if you’re not allowed some sort of statutory protection, you might walk in armed with scholarly research that addresses your particular issue. Ya never know—some judge might give you a break. Weird things happen in courtrooms.

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[Anonymous]

I must say I have been fascinated by my brief research. It is amazing how many states I am finding that have intervention programs for those with mental health issues including ADHD. The courts are very much aware of ADHD issues. My personal opinion is that yes it can play a role in defense. Documentation is key…… I would think there would be a need to show TRUE disability by repetitive example and heredity/genetics if possible.

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[Anonymous]

Thank you so much for all of the info/support! I live in Ohio so I’m not sure how the law works, but I am definitely going to do some research on the subject. I am not even able to afford a lawyer so hopefully I can get a public defender if needed. I have beat myself up so badly that I feel like in a way, I’m not even ‘meant’ to drive, It sounds so crazy to say that I know I should have gone to the BMV, and I JUST didn’t. I was lucky in that the sheriff who pulled me over was very nice. He could have impounded my car but instead let me call someone to drive me home. My employer and office manager are aware of the struggles that I’ve had and have been so very patient and supportive, but I’m looking ‘big picture’ at the money I have spent by just not doing what I’m supposed to and I feel like a fool. I mean how completely idiotic is it that I live paycheck to paycheck, but I live everyday running the risk of having to pay hundreds of dollars extra because I just ‘couldn’t’ make a 10 minute trip to the BMV and pay for my tags? I say it to myself and I just want to laugh/cry hysterically. I guess that’s one of the reasons I am so grateful to this site, to try and explain to friends and family always sounds like a cop out. I’ve been working on ‘behavior modification’ for a while, but how long does it take to undo 34 years of bad behavior? It took me 5 years to fully accept and become compliant with the bipolar disorder. ADHD was yet another hurdle and I kept thinking “But I’m managing, I’m doing fine!” but just like you, Memzak, I have felt the panic when I see a police officer on the road, even when all of my paperwork is in ‘order’ and I am ‘legal’. I’m realizing that the denial is the thing that is holding me back from getting real help and making true progress. I’ve thought that I was being lazy and selfish and inconsiderate for so long, I guess that in my mind, I’m just putting another layer on the bad qualities, making excuses. The diagnosis of ADHD itself is barely 3 years old, but I have records from the psychiatrist I am currently seeing as well as the one I started with way back when. I figure that when I go on Thursday, I’ll talk to someone and see my options. The first time I went to court, the judge STRONGLY SUGGESTED that I seek counsel, but I figured that I didn’t have the time to come back to court, and I ‘deserved’ whatever they threw at me for breaking the law. Now I understand that the lawyer would have been able to get me a much lighter punishment and work with the prosecutor. I always promise that this is the LAST TIME, but honestly, all weekend I’ve vowed that this is the last time, fingers crossed. This HAS to be the last time. I’ve pretty much exhausted all of my friends with driving me around town, to and from work, etc. I spent the weekend making ‘alternative’ plans, exploring the option of buying a bycicle to ride in case I lose my driving priviledges for a significant amount of time, checking bus routes, etc. I tell myself that this is not the end of the world, but it’s a pretty large cramp in my life, but if I don’t look at it as a learning experience and truly walk away from this fully understanding the importance of doing what I need to do, then I’m only torturing myself, and I’m repeating a cycle that I’ve been living in for so long. I remember the relief I felt the first time that I was able to priortize and not procrastinate. The first day at work when I was able to complete all of my tasks and not feel that rush, that stress, that panic. I don’t want the court or the judge to go light on me, I just want to find some peace and the only person who can give me that is the person who is holding me back…me.

Thank you again for your suggestions. I can’t tell you how happy it made me to get on my page and see your responses

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[Wgreen]

For what it’s worth, I found this nugget on the website of ADDitude magazine:

(°First, I should define an abbreviation: For people living outside the U.S., the “ADA” is “The Americans with Disabilities Act,” passed by Congress and signed into law in 1990 by the first President Bush. Among other things, it prohibits discrimination based on certain disabilities.)

“—I take medications for my ADHD. Do I still qualify for accommodations on the job?

—The U.S. Supreme Court ruled in Sutton v. United Airlines, Inc., and again in Murphy v. United Parcel Service, Inc., that if a person has little or no difficulty performing any major life activity because s/he uses a mitigating measure, then that person will not meet the ADA’s first definition of “disability.” In other words, if you are vision impaired but can correct that impairment by wearing glasses, then you are not considered disabled. Likewise, if ADHD is successfully managed with medication, then it might be difficult to claim ADD as an impairment.”

So here we have a precedent.

What might this mean in an Ohio courtroom in this case? Since you have been diagnosed and are seeing a qualified clinician, it could come down to whether you are on any mitigating medications. And if not, why not? If you are, you could argue, perhaps convincingly, they don’t work very well. If you aren’t, well, you’d have to have a good excuse: inability to pay for them, serious side effects, etc.

But, but, but—ADD/ADHD might allow you to mount another interesting defense (if you’re brazen enough to try it): If forgetfulness is the main issue, I wonder whether you could argue you don’t take your meds regularly because… you keep forgetting!!?? And get away with it?

*Caveat: I am not an attorney licensed to practice law in the State of Ohio and so nothing I say should be construed to be legal advice. In fact, you probably should forget you even read this post.

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[Anonymous]

Johny C is smiling down upon us…….. If the adhd MED dont fit u must aquit

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[Anonymous]

Thank you for the MUCH NEEDED laugh. I did do some research today that basically said that it’s a case by case situation, depends on how empathetic your judge is to the ‘defense’ of ADHD, etc. It is good to know that I have a MUCH firmer leg to stand on in a job situation though I figure at this point, it doesn’t hurt to ask about it and see what a legal professional thinks. I also looked into some advocacy groups here just to get some insight. Even if I can’t use my diagnosis as a defense, I figure that the situation may put me in touch with people in the area who could help me as far as giving me tools to prevent doing this again. I honestly don’t want to ‘get off’ on the charges, I am guilty of not getting the tags renewed, but I’d like to see all of my options. The last time I ‘threw myself at the mercy of the court’ I got a boot put on my car. I’m a bit resigned, just for my own peace of mind, and so I don’t spin around mentally like a whirling dervish, which seems to be a favorite pastime in times of ‘crisis’ (again, why do I do this to myself? Masochism?) to the possibiility of not driving for a while. The silver lining is that it’s spring here and my job isn’t horribly far from my home. I rode a bike for years because I didn’t get my driver’s license (or the tool of my downfall) until I was 23 years old, so bicycling was my main mode of transport for quite some time, and gas prices being what they are…silver lining…trying to find the silver lining. Again, thank you guys so much. I can’t tell you how much ‘better’ I feel being able to talk about this in an open way and not feeling judged. I will keep you all posted.

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[sdwa]

Sorry you’re dealing with all of that. I’ve forgotten about my tabs and gotten stopped for it as well. Sometimes, however, by NOT acting ashamed or guilty, but instead trying to appear cool and rational, you can get the fines reduced, if you lay out a logical argument and plead poverty. In my experience going in there with a kick-me sign means they’re going to kick me. I think it would be worth asking for legal advice – maybe there is a free legal aid hotline in your area.

We’re forever getting notices that our gas has been shut off, or our water or electricity is about to be shut off, because bills have a way of getting lost or buried. I wish I could be on top of this stuff, and maybe I’ll find a way. One thing that helps is a highly visible dry-erase calendar hanging on my wall, where I can see at a glance what my obligations are that month. I’d like to believe we can solve these problems, but we’re probably not going to be able to solve them using the same methods other people use.

I wonder if we can use ADHD as an excuse to get out of jury duty? 😉

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[Anonymous]

I agree with you wholeheartedly. I figure that if I go in there and listen to my options, ask appropriate questions and answer any questions that are asked of me honestly then I should be as ‘okay’ as I can be given the situation. I was very honest with the officer who pulled me over, and I truly believe that was why he was so nice to me. I learned VERY EARLY “Don’t lie to the police”, that and several viewings of “Cops” shows that lying ONLY makes it worse

I have several daily planners in my life. One in my purse, one in my house, but a dry erase board would do WONDERS for me because I would be able to ‘see’ everything that I need to do. I just wish that there was an easy fix for procrastination! There is, I guess, just DOING what you’re supposed to do…

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[Anonymous]

AN UPDATE: I received a fine and a stern lecture. Unfortunately (or fortunately, depending on how you look at it) my ‘offense’ was a minor misdemeanor so they are not obligated to provide legal aid to you. It’s only in cases where jail time is a possible outcome. The judge explained to me the importance of getting my ‘affairs’ in order so that I’m not wracking up a huge bill in court.

I cannot begin to explain how much this site and you guys have helped me. Typically I’d be a ‘hot mess’ rocking back and forth, making deals with God, promising to never ‘do it’ again. Reading that we all struggle with things in one sense or the other was a tremendous relief to me. Typically I am met with a chorus of “Oh Stephanie”, when I get myself into a pickle, but having people really listen and give me advice and some laughs meant everything to me. Thank you totallyadd. com and the ‘village’ of fellow ADDers out there. You saved my sanity. Truly.

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[Author]

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