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Old 12-23-17, 12:21 AM
DazyedDan505 DazyedDan505 is offline
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Thumbs down DWI from Adderall, and cops didn't see me driving?


I wanted to share with you all something unfortunate that happened to me several months ago. The case is still pending and currently unfolding, so I’m going to keep places, dates, and key information obscured. But hopefully, by sharing this story, it can help aid/teach and advise others who suffer from this ADHD condition, as well as who take medication such as Adderall to manage their condition, what not to do when interacting with the police. Anyway, here goes:

I am diagnosed ADHD-PI (DSM-IV) and Generalized Anxiety Disorder (DSM-IV). I have been diagnosed with these two disorders for the last five years. To combat my ADHD, I have been prescribed Adderall 30IR twice daily for my ADHD symptoms with great success. I have taken it consistently over the last few years to help me get through school, work, and manage life in general. For the most part, it helps, especially with fatigue.

I also work as a server, which requires standing on my feet for extended periods of time, often for many hours each day, walking on upwards from 8-14 miles a shift, especially on a double shift, I can go a whole twelve hours on my feet, eating standing up/walking around each and every day. Naturally when I get off of my shift, I am tired, and standing on my feet, doing field sobriety tests when I have an already fatigued set of leg muscles is not exactly what I imagined doing, but that's exactly what happened.

I get off of work, driving from my work to my friends nearby. As he and I currently live with our parents, and since our parents go to sleep at early hours naturally--we can't exactly hangout in either of our houses and make any noise without waking them up; ergo, it's therefore not possible to hangout in our rooms and chill, talk, watch TV, or listen to music, so naturally, we, us mischievous millenials who are out of college but still living/trying to get their own place and move out of our parents house, naturally go outside and hangout in our cars to be able to listen to music as loud as we want, which, lets face it, who doesn't like to do that?

Anyway, on this particular instance, I pull up to his house--parking directly behind his vehicle, exit my vehicle, lock my vehicle, put the keys in his pocket, and join my friend who was already outside in his car listening to some music, having just gotten off of work himself.

I proceed to enter his car via the passenger side door where, soon after entering his vehicle, I notice the white overhead lights of an approaching police cruiser. At the time, 10pm at night, it was dark, but I recognized the lights as an approaching, imminent threat.. As they came closer and closer, eventually stopping behind my friends car, directly adjacent to where my parked, stationary immovable vehicle was, I begin to get nervous as I was unsure as to why this cop was running my friends plate. I proceed to exit my friends vehicle, walking back to the driver side door of my own car. I am met by the officer of the patrol vehicle, who asks me what's going on, why am I here, why am I acting nervous, etc. I explain to him that naturally, it is cause for an anxiety provoked response when in the presence of police officers. I explain to him that I was just headed home, and that I had just come over here from my job which was closeby. I explain to him the reasoning/rationale I outlined above for why I was in my friends vehicle and then suddenly exited into my own vehicle.

The officer then asked me if I was on any medication, or had taking any medication at any point earlier in the day, or if I had drank any alcohol that day, to which I replied that I was very nervous due to this unexpected point of confrontation with this cop, and that I was also very nervous due to me going through a lot of things/family stress/job change/a change of my city of residence all together.

Having used the medication, and having consequently developed the state dependent learning way/rational/routine that is customary with Adderall, as well as having and using it as prescribed before, during, and always when I was working on my homework, made trying to do a semester of upper division courses, while working full time serving tables--40 hours on your feet wears you out physically--paying my ever increasing amount of bills, and accomplishing all of that while not taking the Adderall prescription as my parents wished incredibly difficult. Therefore, I was especially nervous with this interaction with the officer that somehow my parents would find out I was taking the medication and become disappointed in me.

When the officer asks me how much I have had to drink that day, I tell him nothing, saying only that I was planning to go from my friends house to the nearest grocery store, to get groceries/food to cook and then that I was going to bed to get rest because I was tired from my long day at work, even showing my samsung s-health step counter to prove how far/long I had actually walked that day. The officer then tells me to hang tight, and that he wanted to have someone come evaluate me to make sure I was safe to drive. According to this first officer, if I was deemed not safe to drive by the soon to be arriving officer, that I would be able to get a ride from my friend or have an Uber take me home since I was not under the influence of any alcohol. He also says that If I pass the tests, I would be free to go. This entire time so far, he was standing in-front of my drivers side door, preventing me from being able to get in my car and drive/go away.

At this time, I proceed around the car to sit on the trunk, first asking the officer if it was ok to sit on the trunk, to which he replied, yes that's fine. I continue talking to the officer because I was not under the impression I was doing anything wrong, had done anything wrong, nor that I was in any danger of being arrested.

The other officer arrives, introducing himself as a DWI Unit officer, and asks me to hop off the trunk of my car, as I was sitting on the trunk of the car previously before his arrival to rest my legs as they were shaking from exhaustion, soreness, and fatigue. He has me run down everything for him too, and I proceed to repeat the entire aforementioned synopsis of my night to the other officer. He asks me when I took my medication, and I told him I took one in the morning, and one in the afternoon, before the start of my second shift. He then asks me if I would be willing to perform field sobriety tests, to which I reluctantly and apprehensively only agree too because I did not think I was in any danger of failing them. Before beginning the tests, I tell the new officer that I worked all day, that I’m hungry, that I'm tired--as in that my legs are tired from working all day and likewise from walking around all day on them at work. I explain that I just need to eat some food as I am having low blood sugar. He then asks me if I have any disabilities that would prevent me from reasonably completing these tests--to which I reply that I have no physical disability, but that I have ADHD, GAD, and that I am very hungry, perhaps even currently going through a blood sugar drop. He then takes off my glasses and puts them on the hood of my car. Being it at night, and being nearsighted, hungry, and on low blood sugar, this made the situation/circumstances unideal, especially for keeping/maintaining my line of sight such as during the walk and turn test. The officer then continues with the standardized field sobriety test (SFST’S) instructions and demonstrations. The officer goes on to say in his report that: “at this point, I administered the SFST’s which consisted of the horizontal gaze nystagmus, the walk and turn, and the one leg stand. Upon the conclusion of the three field sobriety tests, I observed the minimum amount of clues to determine the subject to be impaired. I also administered the lack of convergence, and the modified romberg.”

Continuing onward, the officers report then says:
“At this point, I placed the defendant under arrest by properly spacing then double locking the handcuffs on his wrists behind his back.”

From this point onward, I was shocked. During such tests as the one leg stand, my legs were shaking as I had difficulty properly tensing and flexing and maintaining my balance on this due to my tired, fatigued legs and from already having stood on my legs for a whole near twelve hours that day already. When I would at first try to balance on one leg, it would shake or I would get so nervous due to the officers intimidating presence right in front of me, as well as especially not wanting to fail his tests--but that subtle worry going on in the back of my mind consequently gave me more apprehension and most likely affected my performance on those tests. Likewise, the apprehension I began to experience from this experience going through the field sobriety tests had grown from bad to worse, because now, somehow or another I found myself in the back of the police cruiser, some place that I never thought I'd be or ever end up before, and this was for a offence that did not even involve alcohol or any substance that would have substantially impaired my ability to drive or operate machinery.

Once in the back of the cop car, he read me the implied consent rights--not the miranda rights, advising me all about chemical testing, to which I at first agree too, but then reconsider once actually taken to the hospital. The cop closes my door, and I see him and the other cop search my car without my permission, but under their lingo, they were just “taking inventory of the vehicle.” They open the trunk, and they find my empty Adderall prescription bottle in my backpack located in the trunk of my car. I had just filled it two days ago. The cop, asking me why my bottle was empty when I had just filled it two days prior, was stunned when I perfectly articulated in a calm coherent manner that I don't take all my pills with me wherever I go because that's a stupid idea having learned the hard way before when a previous coworker stole my prescription while I kept it at work and that I merely kept the prescription bottle with me to validate that I actually had a legitimate prescription for it. The cop then asks me, don't you know, or doesn't your medication tell you to not drive or operate machinery under the influence of this medication? To which I replied, actually officer, the medication actually says use caution when operating machinery until familiar with effects. The cop was silent after this explanation, because I think he was trying to pin me misusing the medication. He then asks me what the money in my driver side door was, to which I replied were my tips from working all day. The cop then says, ********, what kind of restaurant pays you in 20’s, trying to suggest or get me to admit selling, to which I adamantly deny. Finally the cop accepts my explanation, putting my money in my wallet and taking it with me to jail.

The officer returns, asking me if there is anything else I would like him to get from the vehicle, to which I politely and respectfully ask him to retrieve and grab my battery charger, a portable charger, so that I could charge my phone on the way to jail so I could have my employers number to call them as soon as possible to let them know I wouldn't be able to make it to work in the morning. I also politely request that the cop retrieve my snacks, such as dried mango and pretzels that were in my backpack in the trunk, so that I could eat something because I was very hungry, as I had mentioned multiple times and on multiple instances to both officers. The officer denies this request, and I was still in shock at this point, humiliation, and embarrassment that the gravity of the situation was just beginning to sink in with me.

Somehow or another while the cops were searching my car, I was able to get my phone out of my back pocket to call my girlfriend scared as hell, telling her what happened. I also was able to leave a message for my mom to let her know as well where I was and what had happened to me.

The cop then takes me to the hospital, we exit his car, head inside towards the lab, and sit down. I ask him to re read my advisory rights, as the shock had sunk in already that I was under arrest, that there was no other outcome, besides jail, that was going to take place that night, and then the puzzle pieces, possible obscure defence angles to the case, as well as my own personal defence and pursuit of my own well being finally set in. After running through the arrest in my head multiple times while watching the cops search my vehicle, while waiting for the cop to transport me to my vehicle, and after re-running the scenario through my head multiple times, I had decided that the circumstances surrounding this case, albeit bizarre enough, were out of the ordinary. Given that the circumstances surrounding my arrest being through a consensual encounter and not via a traffic stop, I found it bizarre that somehow this amounted to DWI, especially since neither of the two officers--which you can hear the first one say in the video to the second officer when he asks if I was driving, “no don't worry he wasn't driving or anything like that, but I just want to make sure he is OK to drive.” Needless to say I refused the blood test due to the already outrageous way that the night had unfolded, and I didnt want to provide the state with anymore evidence for this case that in my opinion is unsubstantiated, unfounded, and unjust.

To this, the second officer, the dwi unit officer says, I don't know, I'm not a drug recognition expert, but we… We Will just have to see. “

The troubling facts of the case to me are that:

Neither of the officers actually saw me inside my vehicle or actually witnessed me driving behind the wheel of the vehicle. During my encounter with them, I was never in direct physical control of the vehicle. I was outside the vehicle with the keys in my pocket. My vehicle remained locked until they searched the car.

Neither of the officers ever saw me commit any traffic infractions/violations, usually giving officers reason to suspect DWI, which are usual indicators of impaired driving. If they had seen me drive, they wouldn't have had any reason to stop or hastle me as I like to think of myself as a safe, diligent driver.

That the officers did not offer me the chance to take a breathalyzer test to show I was not drunk.

The first officer lied to me, initially telling me that if I didn't pass the tests, I would be able to get a ride home from someone else because I wasn't “drunk.”

The officer took my nearsighted glasses off of me when he had me perform the tests.

I am tall, 6’5”, and standing on one leg is already difficult as it, seeing as I don't practice yoga or standing on one leg for that matter. Standing on one leg is also rather difficult, especially after being on my feet already. If I practiced the one legged stand more often, perhaps I would have performed better on this aspect/portion of the test.

Lastly, since the cops cannot directly prove beyond a reasonable doubt that I actually drove the vehicle or that regardless of if I was actually on Adderall at the time, because they didn't see me driving, they cant prove that the Adderall impaired my ability to drive a vehicle at all, especially since they didn't even see me driving in the first place. It is my hope that this will all get dismissed and be one big wake up call/slap on the wrist for the dangers of DWI and will serve as a big lesson for me. Trust me, I plead not guilty to the case because they have nothing to go on as far as I'm concerned, I did nothing wrong. The main thing that will come about from this incident is my distrust of the police, and increased knowledge about the legal system, as well as how to act and what to say when interacting with the cops.

What do you guys think of all of this? I wanted to share it with you all, because after getting arrested for dwi due to Adderall, something which I didn't think was possible, I was frustrated for the lack of other similar DWI cases involving Adderall out there, so I wanted to contribute this and what happened on the night of this to this forum for the common good of everyone out there who takes Adderall before, during, or after operating a motor vehicle. Hopefully now, if someone else out there has something similar happen to them, this case can serve as a reference/point of assurance for them in terms of the procedure and how it plays out. I will keep you all updated as to how this case unfolds and what ultimately comes for me in terms of the judgment of this case. Luckily I've been able to hire an attorney, so I think my chances are pretty good!
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