Possession of ADHD Medication

I am just wondering how the courts handle cases where it is determined a person was on a prescribed medication for ADHD. Does it come down to the police officer thinking the drug made this person drive irradically and therefore be his word against the driver?

I am a member of an ADHD support site and the question has come up several times where the people on prescribed ADHD medication still lost their case even with expert testimony like the prescribing doctor, makers of the drug, etc. saying the drug does not make drivers worse but rather better drivers than unmedicated.

Any info would be most helpful.

Here is a very general answer:

A person is required to operate a motor vehicle on the public roadways safely and carefully.

If a person cannot do so, then he should not drive.

It is highly unlikely that a court will find it a mitigating factor that the driver was taking prescription medicine that made him unable to drive safely and carefully.

"Voluntary intoxication" is what the courts call it.

;)

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Quoting Biotite

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I am just wondering how the courts handle cases where it is determined a person was on a prescribed medication for ADHD. Does it come down to the police officer thinking the drug made this person drive irradically and therefore be his word against the driver?

I am a member of an ADHD support site and the question has come up several times where the people on prescribed ADHD medication still lost their case even with expert testimony like the prescribing doctor, makers of the drug, etc. saying the drug does not make drivers worse but rather better drivers than unmedicated.

Any info would be most helpful.

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And here is a very specific answer:

If I have an attention deficit disorder because I am hyperactive and I require a medication that will help me focus my attention on driving my car, then the ADHD medication I take cannot possibly be the cause of my irradict driving. Can it?

So how does one with ADHD who has "lost their case even with expert testimony like the prescribing doctor, makers of the drug, etc. saying the drug does not make drivers worse but rather better drivers than unmedicated", make sense?

If person is an irradict driver it doesn't have anything to do with their ADHD medication. The medication is only one part of treatment for this complicated disorder.

People w/ADHD need to be focused on doing only one thing at a time- like driving and not be combing their hair, putting on lipstick, talking on the phone and taking notes. Sound familiar?

Never ever ever ever ever tell a police officer that stops you that you are on ANY medication.

DUI or DWI doesn't just apply to alcohol or cocaine or heroine, it applies to ANY drug at all, even the drugs that there are no tests for.

If a police officer stops you on any traffic violation at all and thinks there is a possibility that you MIGHT be under the influence of any drug, even over the counter stuff, he or she can arrest you on the spot without having to prove anything.

Walking the line, touching your nose, saying your ABC's are all tools to prove YOUR innocence, not guilt.

NEVER give a police officer that pulls you over any reason to believe you are on any medication.

That being said: I have ADHD and am prescribed adderall. Adderall is basically the same thing chemically as cocaine, and it can affect people's ability to operate machinery. If you can help it, try to take the medication after you arrive at school or work.

As far as driving better on Adderall, that is true for me. I drive slower and more carefully on the medication than without it. However, adderall makes some people twichy, paranoid, and hyperstimulated.

Once you get charged with DUI or DWI it's game over. I'm honestly not sure if using your ADHD diagnosis is a usable defense once you have already been charged.

NEVER TELL POLICE OFFICERS THAT YOU ARE ON MEDICATION. NEVER EVER EVER.

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Quoting FloridaCollegeStudent

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Never ever ever ever ever tell a police officer that stops you that you are on ANY medication.

DUI or DWI doesn't just apply to alcohol or cocaine or heroine, it applies to ANY drug at all, even the drugs that there are no tests for.

If a police officer stops you on any traffic violation at all and thinks there is a possibility that you MIGHT be under the influence of any drug, even over the counter stuff, he or she can arrest you on the spot without having to prove anything.

Walking the line, touching your nose, saying your ABC's are all tools to prove YOUR innocence, not guilt.

NEVER give a police officer that pulls you over any reason to believe you are on any medication.

That being said: I have ADHD and am prescribed adderall. Adderall is basically the same thing chemically as cocaine, and it can affect people's ability to operate machinery. If you can help it, try to take the medication after you arrive at school or work.

As far as driving better on Adderall, that is true for me. I drive slower and more carefully on the medication than without it. However, adderall makes some people twichy, paranoid, and hyperstimulated.

Once you get charged with DUI or DWI it's game over. I'm honestly not sure if using your ADHD diagnosis is a usable defense once you have already been charged.

NEVER TELL POLICE OFFICERS THAT YOU ARE ON MEDICATION. NEVER EVER EVER.

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Agree. And if one takes Adderall for ADHD and it makes them nervous, twitchy, etc either they are on the wrong med or they don't have ADHD. The medication works for ADHD because it has the effect you described- focused on your driving.

It is not the business of police officers to differentiate between behavior induced by drugs and behavior that isn't drug induced. The officer isn't doing a history and physical. Why would anyone tell an officer they have ADHD? or angina? or pancreatitis?

Meth addicts will often claim they have ADHD in hopes of getting an excuse for positive test results. There are standards for expert witnesses and I don't expect that you will find any qualified that will testify as you suggest.

First, let me say that not all people diagnosed with ADD are "hyperactive". There are several types of ADD (inattentive, aphasic, traumatic). Many people with ADD also manifest symptoms of OCD, Anxiety, etc., which often times are not recognized or left untreated. The goal is not to be focused on doing only one thing at a time, that would be unrealistic. Rather, their medication should help them focus their attention to the task at hand. As one young patient described it, "it makes it so only 2 or 3 things are going on in my head, rather than 13 things".

Taking medication for ADD does not cause one to drive eratically, unless of course, the person taking the medication either does not have ADD, is prescribed the wrong medication/dosage, or is using other drugs in combination with their ADD meds. Using the fact that one has ADD or takes medication for ADD as an excuse for eratic driving is a disservice to the majority of people who benefit greatly from the medication AND behavorial modification.

Having now put my 2 cents in, let me say that I agree with Senior Judge.