ADD argument in court?
 

I forgot to pay an "uninspected vehicle" ticket and a month later, when stopped by the police, my license was already suspended. The letters about the suspension arrived to my parents' address who did not let me know about it. The reason I send such letters to their address is that I move from place to place every semester.

In the worst case I would get a misdemeanor for aggrevated unlicensed operation 3rd degree and can spend time in jail. I'm in school right now, so I can't afford a lawyer. Also this could probably mess up my life for a while because nobody wants to hire someone who committed a crime (misdemeanor counts as a crime). I'll ask for a public defender, but I'm not sure if they'll give me one.

I'm posting to ask whether anyone knows if it's possible to say that I forgot to pay the tickets at least in part because of ADD and whether this would hold any water.

Re: ADD argument in court?
 

I used to intern at a prosecutor's office. Part of my job was to do "plea bargains" with people such as yourself. The important thing to know is that whoever is dealing with you, whether it's a judge or a prosecutor, or whoever, has to deal with a lot of people. They know that almost everyone has an excuse for why they shouldn't be responsible for what they did. When everyone who comes in tries to offer an excuse, they tend to assume that people's excuses aren't valid. It sort of becomes a reflexive action to dismiss out of hand what people are trying to tell you. All they are thinking about is trying to get through their stack of 20-50 files as fast as possible. So going in and saying, "I have ADHD", and expecting the prosecutor or judge to fully understand what ADHD is and why it is a potentially valid excuse for failing to comply with the law is unreasonable. They will likely dismiss it as psychobabble and ignore you. To make the case effectively, you will need to persuasively, articulately, and quickly explain what ADHD is, and back that up with authoritative evidence, such as having your doctor write a note explaining ADHD in simple terms. Even then, I couldn't tell you whether that would actually work.

Finally, you mentioned that you can't afford a lawyer. Whenever jail time is a possible consequence of your criminal charge and you can't afford a lawyer, you are entitled to a court appointed lawyer. In order to receive a court appointed lawyer, simply plead "NOT-guilty" to any and all charges and request a court appointed lawyer. A lawyer will be in a much better position to advise you whether ADHD is actually a viable defense in your situation and will be a MUCH, MUCH, MUCH better advocate when dealing with both the prosecution and the judge. Not all public defenders are as bad as portrayed in the media as well. Many have good working relationships with the prosecutor's office, which can be used to your advantage.

Finally, please note that I intend only to give advice of a general nature, and it is not intended to be legal advice. Only a lawyer licensed in your state is qualified to give legal advice regarding your situation. Nothing I have said was intended to create a lawyer client relationship. I wish you luck.

Re: ADD argument in court?
 

Well, I don't know much about traffic violations, but if they don't offer you a plea bargain, definitely plead "Not Guilty" and discuss with your lawyer your case.

In my experience, judges hate excuses. I wouldn't give them one when they initially read off the charges. Let your lawyer talk for you.

I honestly think a "communication error" between a hard working university student studying away from home when his parents got a letter would be a better argument than ADHD. Most people roll their eyes when they hear about it, using it as an excuse will probably get a chuckle out of the judge. Remember, even people with mental disorders go to jail, they're not valid excuses for breaking the law.

If you do go with ADHD, make sure your lawyer tells what it is, how it affects you, and THEN what you are doing to prevent this from happening in the future.

Regardless of what excuse you use, what the judge doesn't want to see is an excuse for behavior that is likely to be repeated. He'll likely let you off with just a fine if he sees you are remorseful and taking responsibility for yourself.

Honestly, I've forgotten about Jury Duty before and that's a hefty fine with jail time. I just explained to the office I was in college, studying for finals and forgot to check my mail because I was working so hard to be a productive member of society. Then I asked for a make up date. They just let it slide. (From then on, I just threw them back in the outgoing mail slot to return to sender so I "didn't get them". :cool: )

Re: ADD argument in court?
 

Hahaha. If only ADHD was a get out of jail free card.

Re: ADD argument in court?
 

ugh how stressful. You've got some great advice already. I've got no clue but i hope it all goes well. Fingers crossed.

Re: ADD argument in court?
 

thanks, guys!

Re: ADD argument in court?
 

And you see guys, that's why my dad never wants me to have a car... :lol: lol jk

I just thought I'd put my two cents in :D

Re: ADD argument in court?
 

Best wishes, also remember that in a court room situation nerves plus our add and processing troubles make quick retorts difficult, plan plan plan, they could be firing all sorts of obscure questions at you to back you into a corner and I know under pressure I simply just can't defend myself articulately (not in courtroom sense, hust generally) and say stupid impulsive s**t, , know your statement and defesne inside out, and get yourself a pro bona (free of charge) lawyer .. I wish you the best

Re: ADD argument in court?
 

Haha same here rocky, no cars or driving for flory :D

Re: ADD argument in court?
 

ADHD is a Reason and Not an Excuse.

From the standpoint of forensics, let me say that, in my opinion, it's a terrible

defense, as far as "responsibility" goes. As far as Parking Tickets go, I rarely

view them forensically, so I'm not sure how that would fly.

Personally, I'd pay the ticket, but that's just me.

Good Luck (either way).

tc

mctavish23

(Robert)

Re: ADD argument in court?
 

Does your pdoc do medico legal? Mine does! Might be worth asking x

Re: ADD argument in court?
 

I think thats a grey area,depending on the judge and if hes sympathetic,most likely probably not as the Man and Johnny law doesnt seem to tolerate excuses well.Im suprised Sandy hasnt chimed in yet as she would Know the answer to that question. She said Pro BOna huh huh huh.