To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing. In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey. The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:
- 28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months.
- 34 percent reported being in an auto collision.
- 44 percent reported either a citation or a collision.
The standardized field sobriety tests are divided-attention tests. Given these statistics, is there any doubt that persons with ADD/ADHD have been improperly categorized by law enforcement after the administration of the standardized field sobriety tests. If it is impossible for a person to complete a divided attention test in a non-stressed clinical environment, how much more difficult would that test be on the roadside under the threat of incarceration.
Officers are not trained to look for extraneous reasons that could account for a person’s failure of their divided-attention tests and no special training is provided to look for signs of ADD/ADHD. The result is that many officers note the failures as clues of impairment. The clues are used in determining probable cause for arrest and innocent people are accused of drunk driving. See Citron, MD, JD Applying the Scientific Method in DUI Cases as cited inUnderstanding DUI Scientific Evidence, 2011 Ed., Aspatore. Make sure you talk to your attorney about this and any other medical condition that you suffer from as this may aid in your defense.
Dayton OVI AttorneyCharles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact OVI attorney Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have an OVI attorney sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
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