HELP! DUI for Adderal?? | ADHD Information

I would suggest you dispute this in court, contact the disabilty board in your state and see if they can help... most medications have that on the label and my asthma medication has that but my DR. said it was until i got use to the medication it may cause drowseyness..like benidryl

Hello to all,

My name is Alex and my wife has been diagnosed with ADHD and has been taking/prescribed generic Adderal for over 2 years. About 3 weeks ago she pulled into a gas station because her car had been acting funny and pulling to the right. When she got out of the car and walked around the car she was approached by a police officer who asked her if she was having problems with the car. My wife started to respond that the car was pulling on her he asked her if she had been drinking or was on any medication. My wife responded that she does not drink and the only medication she's on is Adderal for ADHD. He then proceeded to ask for permission to search her purse and upon reading the label (by the way, her medication does not state that medication will impair judgment or prohibits driving in anyway) he had her do a field sobriety test. Since she passed it he took her to a Field Testing facility where they subjected her to a urine test. The original officer that questioned her impounded the vehicle and gave her a ticket for 2 counts of DUI. I read the ticket and it's for the same offense but worded differently. One was DUI while under the influence of a narcotic and the other had to to with metabolite of a narcotic. Of course my wife was freaking out and now has to appear in court to fight this.

Has anyone had any such issues with the law concerning Adderal? Any recommendations?

Crikeys!!!!! Something needs to be done about this. No I have not heard about this happening b4.

I would suggest contacting any local ADHD support groups in your area and getting their support in this issue. I would also suggest obtaining all necessary information from your doctor that may help in the case. Research the medication and side affects of Adderall thoroughly. Get a solicitor or legal aid help.

This is really unfair! Good luck and let us know what happens.

Wow, I think this officer has something against ADHD people. I would definetely fight this. If this gets through theres no telling how many of us could be ticketed. If she has a prescription and there is no impairment why would he ticket her unless he is prejudice. I would consider a civil suit if the ticket gets overturned that is a violation of your wifes rights. I agree with Rae70 bring all the documentation you can to the trial. Since she passed the sobriety test they should not have pursued this any further. She had already told him she was taking Adderall so why would they do a urine test. By the way I believe they need your wifes permission to obtain a urine sample. I hope they informed her of this or that is another offence the officer perpetrated against your wife. Let us know how this turns out. Best Wishes to you both in beating this. -Gettingagrip-You could easily fight that in court if the med was prescribed by a doctor. Your wife shouldn't worry or have to suffer because of an ignorant cop. They would never pull something like that with a person who has diabetes or a similar problem. Grrrr I can't stand people. Ok I'm done ranting nowThanks for all of your support and suggestions. I'll keep you posted of the outcome.I live in Victoria Australia and our friendly new commie governement has started questioning us wether we have ADD when we renew our licences. I have been driving for 16 years and have not even had a speeding ticket. I am aware of the dangers of driving and take appropriate measures. But now I am not allowed to drive. Coming to your neihbourhood soon. Fight it!! PS watch out for polititions that claim to represent the little guy.Just curious...was your wife's maiden name on the script bottle?I didnt look to see if you said the name of your state but I am a police officer's wife and you need to get a good attorney. She was on a legal prescription and if she was not aware of any side effects and she was not buying drugs illegally she needs to fight this. THere really are power trip police officers out there and my husband has a leutinant that drives us crazy with his strutting and power trip antics. We are debating on putting our 15 year old on something and I am going on something when I start back to college in may. If a cop did that to me I would be boiling mad as hell. I would love to hear how this turns out.

Matthew thanks for your imformation. Are they going to start saying this ti every person getting a license now. What about people with other disabilities are they going to be revoked also. If so the govt needs to have away that people can get to work/ school everywhere. Not all towns have this service. This sounds like discrimination to me. Will this happen with epileptics also?They are as much a risk also. If the perons medication is working then there should be no problem driving.

[QUOTE=Matthew John O']I live in Victoria Australia and our friendly new commie governement has started questioning us wether we have ADD when we renew our licences. I have been driving for 16 years and have not even had a speeding ticket. I am aware of the dangers of driving and take appropriate measures. But now I am not allowed to drive. Coming to your neihbourhood soon. Fight it!! PS watch out for polititions that claim to represent the little guy.[/QUOTE]

I wonder if we are about to enter into the next phase of ADHD discrimination?

Matthew John O's license is removed because of an ADD dx in Australia and now we have a woman in the good old USA arrested for driving after taking ADHD meds which should have made her a safer driver.

Hmmm.... scarey! Maybe we should keep our eyes open.

I suggest you get yourself a good attorney..there could be a lot of other mitigating circumstances the officer had for taking things as far as a filed sobriety test/DUI test but I think that he went way to far..I'm curious..was the script clearly visible and displayed to the officer or was it just in a bottle? That could be a factor into determining the Officers actions...but I still think he went too far.Civil Suit for sure!!!! F*ck That pig man!! Knowledge38574.9480787037What a butt-load of crapola! I have a hard time seeing how any officer in Calafornia would have the balls to get away with this type of sh**! I am absolutely beside myself, and (being my whimsical self) & am all set to go back on Adderall and then just tempt them to pull me over! What a crock! God bless your efforts & thanks for sharing!Thanks for all the feedback.. We've decided to contact the ACLU.. I'll keep you all posted.. Not for nothing..but perhaps I'm DEAD wrong here...being a law enforcement offical myself..perhaps were not getting the entire story here..if we are...then I side with the victim 100%..just my intuition.Things are cool now. But they didn't used to be. My husband knows our daughters need me to live at home with them, and him, too, but just doesn't like to admit it. I think it's his security blanket. But that's okay as long as he keeps being good. And he has since I quit my illicit self-medication a few years back.Absolutely, CharlieNumbaz!

Thanks for all the help and support..

Just an update.. she went to Justice Services for mandatory "assesment" and DUI Classes.. The evaluator treated her as a criminal.. She tried to explain the situation and his response to her was " I don't care if you have ADHD and you're taking medication for it.. A DUI is a DUI.. " He belittled her and brought her down morally and emotianally battered her.. and on top of that he mandated she had to take 36 hours of classes with regards to her "Drug Problem".

I'll repond to the police officer when I have more time.. This will take a while..

By the way, the judge agreed with my wife that this case sets a presidence for future cases and was invited to speak on future issues..

Dear Sir,

I am not a lawyer but I was a pre-law major and I know that the statement made right there on record by a judge of the court, you have the right to appeal this case, not just to the highest court in AZ, but all the way to the US Supreme Court!

I would suggest finding a highly respected lawyer who would be wise enought to work with you regarding legal fees and atleast file an appeal before the time to do so is up. It's called the Statute of Limitations and in the state of NY, it is a year from the ruling. The US Supreme court hears rare cases that have never been heard before for future similar situations, and you possibly could be looking at a nice chunk of change! Hell, even if it was , it's the moral issue that should be justified.

Good Luck

This is bizarre.

First of all, it's a well documented fact that stimulants improve driving skills because they make you more alert. Hyperactive teens drive better when they're medicated as well.

Second, if a police officer asks if he could search, simply say no. If he continues to search against your wish, you a have better case against him.

Third, a police officer CANNOT determine if you're "high" on Adderall if you're taking at a prescribed dose. The side effects of amphetamines at recommended doses are minor - nervousness and insomnia.

Fourth, if you're charged for DUI, get a lawyer who specializes in DUI with prescription drugs. Judges usually dismiss cases if they are given convincing evidence that their Rx drugs did not affect their driving and have no proof it did. It usually goes down to "reckless driving."

-jeff

jefffoggyguy: I think you should private message Alex with your above post & get his response . . .If a person has just tuched you and you call police it's now a violent offense. We also know in some states physical discipline is also. Communism here we come. OH, YEAH! I'm quite familiar--in San Mateo County you have to be related/in a domestic situation/relationship but still--it's a guaranteed "Do not pass Go" card straight to the Pokey as soon as someone calls the cops. And since scratches show up far sooner than bruises, Women: If you fight like a girl, pack your toothbrush! is all I can say. I have to go now--but I could go off on this topic for-ev-ER!! [QUOTE=Alex]

Hello to all,

Has anyone had any such issues with the law concerning Adderal? Any recommendations?

[/QUOTE] [QUOTE=Alex]

Well it's over... After almost a year since she was initially arrested the case was finally over.. My wife was sentenced to 10 days in "Tent City" for DRIVING UNDER THE INFLUENCE OF A PRESCRIBED DRUG THAT IMPARED HER JUDGEMENT.. The stay was reduced to 15 hour stay due to first offense, 00 fine or 140 hours of community service, and a 1 year suspension of her driving privilages.. The state dropped the driving under the influence of an "Illegal and Dangerous Drug" upon the Judge's stern request to do so.

In answer to some of your questions;

Yes, we did speak to the Arizona Disability Advovacy Group and they agreed there was something seriously wrong about the case but were unable to assist because they don't handle criminal cases..

Yes, the bottles were clearly labeled and my wife's married name (name that appears on driver's license) was on the prescription bottles.

Yes, medical documentation and letter's from both my wife's doctors were presented as well as a study presented on Concentra's website indicating improvement of Driver's motor skill on medication vs. non-medicated driver's.

Needless to say this is extremely devastating. My wife is handling it okay at this point, maybe because it's finally over.

I'm going to try to pursue her to seek her options for a civil law suit against the city or the police officer.. I just don't know where to start.. Maybe the AZ Disability Advocacy Group can point us in the right direction..

By the way, the judge agreed with my wife that this case sets a presidence for future cases and was invited to speak on future issues..

[/QUOTE]

Makes you see red, eh?

I have found a hard time finding an advocacy group for discrimination against ADHD. It is a protected disorder within the ADA act, therefore employers need to make accomodations, and cannot harrass nor discriminate you. Neither can public authorities.

I have just started looking for a lawyer that will take my case, and the state of California has agreed I have a grievance.

Push the civil suit. We can't let them walk all over us. Finding an ADA advocacy group is a good idea. I hadn't thought of that.

You can prove that Concerta had studies done on it which showed that it made her a safer driver?

I wonder if you would have any kind of a chance fighting this as a civil rights issue. It sounds like discrimination to me. Have you contacted the ACLU about this?

It really makes me afraid to get a medical diagnosis of ADHD from the Dr. for my son or myself. What's next?

In answer to some of your questions;

Yes, we did speak to the Arizona Disability Advovacy Group and they agreed there was something seriously wrong about the case but were unable to assist because they don't handle criminal cases..

Yes, the bottles were clearly labeled and my wife's married name (name that appears on driver's license) was on the prescription bottles.

Needless to say this is extremely devastating. My wife is handling it okay at this point, maybe because it's finally over.

By the way, the judge agreed with my wife that this case sets a presidence for future cases and was invited to speak on future issues..

here's Concerta's link regarding their studies..

http://www.concerta.net/html/concerta/difference/driving.jsp?

I'm sure your wife is glad it is over. A year with something like this hanging over your head is awful. I actually am almost as surprised about how long it took to go to court as it did the outcome. I honestly thought for sure you would come back and tell us it was all dropped, no fines, no nothing.

This is so wrong. Did you ever have a machanic look at the car? You said she stopped because it was pulling to the right. I know it is a long time ago but I assume that is why they questioned her in the first place, because she looked like a drunk driver.

I think I'll do a little research on this type of situation myself. This should not have happened!

I would also contact the drug manufacturer (Concentra). They have a lot more money and resources. And I am sure they would not like to have had someone charged with driving while on Concerta.Too bad you're in Arizona. I'd help if you were a little closer. Just curious....was this a jury trial or judge only? if jury, I would imagine the judge told the jury what they MUST do and even if they disagreed with the applpication of the law, they MUST convict. This is total BS!

There is such a thing in this country (maybe not in AZ) called jury nullificationw where the jury can bascially decide that yes, you technically broke the law, but it is either a stupid law or misapplied. This is consitutionally sound and has been backed up by numerous SCOTUS cases.

However, since most lawyers are buddies with judges and most judges are on power trips it is rarley used anymore.

It sounds like you have numerous reasons for appeal, so once you get a new trial, make sure your attonry has the nuts to go after jury nullification.

Also, I hate to say it, but the cop did have the right to conduct a field sobriety test given she was driving like she was drunk. yes, i kow she says there was something woring with the car, but just think how many excuses they hear each day along the same lines.

HOWEVER - once they conducted the field and urine test, if her meds were in order, that should have been the end of it. But since most cops are on power trips, she got screwed and the judge forced the jury into doing something immoral and illegal.

sorry to hear you are going throuhg all of this...hopefully, the appeal and help of some supportive units like the ACLU will help!

Hang in there and keep fighting!!!!!!!

The evaluator treated her as a criminal.. She tried to explain the situation and his response to her was " I don't care if you have ADHD and you're taking medication for it..

What a freakin' surprise! Deja vu. When I was incarcerated for DV my Public Defender flat out told me I HAD to plead guilty, that I had no choice and there was no other option, as the judge was awaiting my response in the courtroom. I couldn't believe it. I was too scared to piss off the judge/lawyer to disagree & far too intimidated. My Master's Degree did not help me to understand any of the Latin & contradictory language they spouting at me in there in record time & for a second I thought I was having a bad dream that I had been arrested in a third world country. It makes me sick just to recollect it & I pray my daughters NEVER have to experience that. I'm about ready to cry remembering. I was too belittled & backed into a corner/cell to stand up for myself--I mean what's the point of court/judge/etc.?!!!

Although you didn;t say it, my guess would be your case was heard before a traffic court or municipal court. if so, did you know your judge was most likely appointed - not elected. This means they serve the coffers of the jurisdiction that pays them - not the impartiality that judges are suppose to reflect.

If your "trial" took place in front of the judge only, did you sign a waiver of a jury trial. if not, you have grounds for appeal. if you did - you are screwed!

I am a lay-lawyer, which means I study the law, not procedure, and since I have not paid the state thousands of dollars to sit in a classroom to have some blowhard recite the same stuff to me that I can read myself, I am not allowed to sit for the bar - which I would easily pass.

Justice and the Law were excised from our system long ago by taking away all areas of discretion with elected judges - so they can always say they were following the law - and giving too much discretion to the appontied theives who claim to be impartial.

I have sat in many a traffic court assisting (not representing) friends and can tell you horror stories of judges trampling people's rights. Their favorite technique is to ask you "why" you were doing something before you were asked "IF" you did it in the first place, thus assuming your guilt. If you even remotely answer them, you have admitted your guilt.

Their other favorite trick is to just assume you want your case heard by the judge and do not give you the option of a jury trial; and most "forget" to even bring it up and also forget to have you sign a waiver of a jury trial. To me, this is one of the owrst miscarriages of justice around. Just read some of our founding father's papers on the importance of juries and you will see why our system has become so corrupt!

Anyway, they ignore jury waivers because most city and smaller municipalities do not have jury trials and must kick the case up to county courts. Therefore, even if you are found guilty, the county gets the money.

They (the prosecutor AND the Judge) will try to beat you with procedure rather than the truth. So tell the solicitor or prosecutor to completely and utterly to kiss your ass! I mean that! They have no power at all to make your life better. They are only interested in getting rid of your case ASAP and hopefully getting the some money along the way. They will act like your friend and fry your butt when you get in front of the judge. If you demand a jury trial, he will do everything he can to talk you into keeping it in his court - just ignore him and talk only to the judge. DO NOT answer any questions from the judge regarding the case and tell him respectfully you do not wish to testify in your case. Treat the judge with respect, but stick to your guns about having a jury trial. Treat the prosecutor with nothing but complete and utter contempt! They are scum and they know it. And always remember they will convict who they CAN convict - not just the guilty.

I would advise you to get your new trial moved to a Superior Court or moved to another jurisdiction that has jury trials and uses an elected judge. You will be amzed at how different the judge and their staff acts when the are elected.

I hate to hears stories like this and from the above poster being scared by the system and by the people in the system! Keep your wits, concentrate on not increminating yourself, and grab your balls and hang on - and keep fighting!!!!!
I have no idea what the limit is on the appeal in AZ, but if I were you I would hire an attorney and pursue one. Especially on this ground, or the numerous others you have mentioned.

I say this for many reasons:
1) I also take adderall and do not wish for it to become an issue for me either.
2) I hate bullies
3) You DO NOT want a DUI on your record - EVER. it will show up on job applications, life insurance applications, and especially auto insurance.
4) Since you know have one DUI on file, your next one's penalty could be SEVERE!

Trust me - I know it sucks, it hurts, and you want to get it over with and move on...but you are much better off paying a few grand to an attorney NOW for an appeal than having it on your record and costing you thousands of dollars and other unforeseen problems over the long haul!

Amen! I'm in California--San Mateo County & although mine was for Domestic Violence--if you yell it qualifies as DV in S'Mto County & if someone calls, someone goes to jail--flip a coin. My brother-in-law's a cop & it didn't matter, but anyway--I now have a criminal record & if I get pulled over for anything i am a "Violent Offender" which is the last thing I want an officer being concerned about if all I did was forget to use my turn signal. It's humiliating. And something my husband can use for leverage for the rest of my life if we split--California does not allow custody to DV-people in cases of divorce. Sucks, huh?

If your "trial" took place in front of the judge only, did you sign a waiver of a jury trial. if not, you have grounds for appeal. if you did - you are screwed!

I NEVER SIGNED SH*T!!! But I still got screwed. I assume they "Group Waived" us with the intercom speaker in our little plexiglas cage with a window view to the court room, and we all had to verbally agree at the same time or something. We were then led one at a time--no safety in numbers or group accord for a sanity check--to the guillotine before the judge.

Un-/Fortunately this happened a long time ago, so I now have a record.

Thank you for being so concerned & caring as to reply. I have never felt so helpless in my life.

[QUOTE=terrie] And something my husband can use for leverage for the rest of my life if we split--California does not allow custody to DV-people in cases of divorce. [/QUOTE]
I was handcuffed and put in jail for contempt of court, a non-criminal civil offense which ocurred as a result of ADHD behavior. My wife used this as a threat to keep the kids from me should we have a divorce. For years she remained unreasonable, so I started looking for a defence.

Unfortunately, it has been to document her misbehaviors. Not such a nice thing to do as a husband, but the last time she used her threat, I reminded her of a few pecadillos, and that silenced her.

I say that to say this, if you ever do need leverage, start looking for it now...

Unfortunately we live in a litigious society... so we need to litigiously fight back...

Fortunately litigiousness can work in our favor, also...

And guess what? It's not so much who you know, or how much money you have... It's how you handle the truth...

We can use our creativity as an advantage... sounds like a case of discrimination to me...