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Is ADHD a feasible defense in traffic cases?

Asked over 2 years ago - Everett, WA

I'm a habitual speeder.

When driving, I often get lost in my own thoughts, and when I think to look at the speedometer -- whoops! -- I'm going 70 in a 60 mph zone. I don't *want* to speed, but...it just *happens.* To help prevent this in the future, I've even installed an alarm in my car to alert me when I'm speeding!

The problem, however, is that I have several speeding tickets already, and he cost of the potential fines and long-term repercussions are...ruinous. My medical situation is very well-documented; I receive accommodations at my college, and I'm on medication. My psychologist even gave me the dubious distinction of being "the most profound ADD case [he's] ever seen." Joy.

I hate to seem as though I'm shirking responsibility, but...is my "condition" a valid defense in court?

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Also, for what it's worth, I've never been in an accident, and I've never run afoul of the law in any other form, aside from my traffic infraction woes.

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Attorney answers (3)

Nicole Terece Dalton

Reputation Level 8

Answered over 2 years ago. Criminal Defense Attorney in Vancouver, WA.

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In Washington courts, depending on your county, speeding tickets can be a bit of a technicalities game. Although having a mental disability sometimes works as a defense in certain criminal cases, I think it is unlikely the judge will dismiss a speeding ticket for this reason. A condition that makes it difficult for you to pay attention on the road is unlikely to get much sympathy. However, a lawyer experienced in handling traffic tickets may be able to find technical defects with the ticket in your case and obtain a finding of not committed. I would advise you to look for a lawyer who works regularly in the county where you got the ticket and who has experience handling these. You should also talk with your doctor about ways to work on the speeding issue.

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Joseph Briscoe Dane

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in Orange, CA.

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As Ms. Dalton suggested, this is best discussed face-to-face with an attorney in your area that routinely handles traffic citation matters.

As food for thought - before you voluntarily notify the court and this gets passed on to the motor vehicle bureau in your state, think twice about telling them you have a condition that makes you inattentive behind the wheel. They may end up solving the issue by revoking your license to drive, based on your condition.

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Travis S Jones

Reputation Level 14

Answered over 2 years ago. Speeding / Traffic Ticket Lawyer in Spokane, WA.

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Intent is not an element of Speeding. The fact that you did not mean to speed has nothing to do with whether or not you can be held responsible for speeding.

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