A judge has rejected a claim that ADHD caused a man to become so flustered when he lost his parking ticket that he attempted to tailgate another car to get through the barrier.
The judge said Dean Carey (36) should not be driving if he finds himself so flustered that he would behave in the manner he did. “Heaven knows what he would do in future moments of stress,” the judge added.
Carey, with an address at Charleville Square, Rathfarnham, Dublin 14, pleaded guilty to criminal damage to a barrier at Dundrum Town Centre, Dublin 14, on March 21 last.
Sergeant Caoimhe Conroy told Dún Laoghaire District Court that Carey attempted to exit the shopping centre car park by tailgating another vehicle. In the course of doing so, his van struck the barrier and caused damage, which was not extensive.
Defence solicitor, Patricia Camilon, told Judge Anne Watkin that Carey suffers from ADHD. She said this caused him to become flustered after losing his parking ticket. She said he had been rushing and was under pressure as he was trying to get to his daughter’s birthday.
Judge Watkin said she did not accept that ADHD explained the behaviour and said becoming so flustered that a person behaves in this way raises concerns about judgement when driving.
“If he genuinely finds himself so flustered that he behaves like this, then he should not be driving,” she said.
The judge rejected the explanation as a justification for attempting to leave the car park without paying.
Ms Camilon said her client was remorseful and had €1,000 available in his bank account to pay compensation for the criminal damage.
Judge Watkin said she would fine Carey €400 with six months to pay. She added that he should have brought the money into court ready to pay compensation for the damage and said she would adjourn the finalisation of the sentence until he had done so.
The case was adjourned to April 28 next.