Why is Our Nurse Jumping for Joy Over a $2,500 BRN Fine and Citation for a DUI?

Normally a $2500.00 fine and a citation would make someone cry, but for a California Registered Nurse with a Driving Under the Influence (DUI) conviction, a citation and a fine is cause for celebration (just make sure you don’t drink and drive to celebrate!)

An administrative fine and a citation imposed by the Board of Registered Nursing is a civil penalty, and therefore not considered license discipline and therefore not publically attached to a nurses license. This is big deal: the usual discipline imposed by the Board (BRN) for any alcohol related conviction will be publically disclosed. It is a formal accusation and call for revocation or suspension of the nurse’s license. With RN Guardian’s attorneys help, nurses often are able to get the discipline reduced to a stipulated settlement of probation, but this impacts the nurse’s license for the remainder of his or her career and the legal fees along with the fees imposed by the Board can easily total $10,000.00 or more.

Our RN Guardian member pled nolo contrendere to violating Vehicle Code Section 23103(a) – or no contest to a wet and reckless. He was offered the Diversion Program, which he turned down. He submitted a letter of explanation to the Board, per their request along with some additional mitigating evidence and the result was a Citation Order.

The nurse has 3 options. He may pay the fine, sign a Waiver of Appeal Rights and submit it to the Board within 30 days of receipt of the Citation Order. If he fails to pay the fine, he will not be able to renew his license until he has done so. If he does pay the fine it is considered a civil penalty and will not be publically disclosed as discipline against his license. However, if someone calls the Board and inquires about that license specifically, the Board must disclose that the Nurse has been cited and fined, but they do not disclose what the fine was for. After 3 years, the citation and fine are no longer disclosed and the matter is dropped and goes away.

Our member’s other 2 options are to request either an Informal Citation Conference or an Administrative Hearing. The Informal Citation Conference is with the Executive Officer or Designee of the Board. The nurse may choose to be represented by legal counsel or a representative present at the conference, as can the Executive Director. The Administrative Hearing is similar to court proceeding, except that it is an Administrative Law Judge presiding, and no jury.  If the nurse was to request either the Informal Citation Conference or the Administrative Hearing, he would need to attach a letter of explanation as to the reason and submit it within 14 days of service.

We’ve represented hundreds of DUI matters and this is the best result we could possibly hope for, other than total dismissal. We are jumping for joy a little too!

kongsky / FreeDigitalPhotos.net

RN Guardian’s panel attorneys recently defended a Registered Nurse whose nursing license was subject to revocation for a DUI conviction. Just like every DUI case before hers, we were able to save her nursing license, but she was given a three year probation term by the BRN. She replied with this email:

“Thank you for your help with this issue.  It's been such a difficult time, but at least I know that I still have my license.  I'm not looking forward to what I'll have to go through for the next three years (I still feel like I'm being punished twice for the same offense).  I don't know how I would have made it through this without the help of RN Guardian.   Sincerely, S”

Our nurse’s statement that she feels like she is being punished twice for the same offense should raise a red flag. On the game show Jeopardy, Double Jeopardy ups the ante: the stakes are higher and there is a lot more to lose. Off the TV set there is another definition of double jeopardy, it is a legal term.

The double jeopardy rule is derived from the Fifth Amendment to the United States Constitution, from the  clause which reads: "[no person shall] be subject for the same offense to be twice put in jeopardy of life or limb." The protection afforded by double jeopardy eliminates the possibility of being tried for the same crime after an acquittal, retrial after a conviction, or being punished multiple times for the same offense. This rule is intended to limit abuse by the government in repeated prosecution for the same offense as a means of harassment or oppression.

If you ask any RN who currently complying with 19 different probation requirements if she feels like she is being “harassed” or “oppressed” by the Board, you will likely get an emphatic “yes”. So how is it that the various Boards under the umbrella of the California Department of Consumer affairs are able to “punish” a licensee for a conviction for which they have JUST been punished by the courts? Following thousands in fines by the court, DMV and insurance companies, how can the Board tack on its own fees? How can the Board impose a three year probation sentence after a nurse has just spent days in jail, been assigned community service and a three probation term for the DUI? Isn’t this a glaring violation of the protection afforded by the double jeopardy rule?

No it is not. According to Business and Professions Code Section 101.6 the respective Boards have full authority to subject a nurse, paramedic or EMT with a professional license to “discipline” because it is not technically the same as being “punished”. It is the Board’s job as defined by the B&P Code to ensure that the licensees who have a potential impact on the public’s health, welfare and safety are adequately regulated in order to protect the people of California.  Basically, they can do whatever they want to a licensed health care provider if they believe that the public is at risk including instituting disciplinary action when such action is deemed warranted. The Boards also have the right to be reimbursed for the “reasonable costs of the investigation and enforcement of the case” which is not technically the same as a “fine.”

So what is the verdict on the “Double Jeopardy” issue as it pertains to licensing Boards in the State of California? It certainly doesn’t seem fair, it doesn’t seem right, and it doesn’t seem just, that simply because you hold a professional license you should be doubly punished for every transgression, but it is not illegal and it is not Double Jeopardy. It is the Board’s job to protect the public, it is your job to protect your license and there are two ways to do that: 1. Don’t ever get in trouble in the first place 2. If you do get in trouble, know who the experts are who can help.

A Driving Under the Influence (DUI) arrest is traumatic enough for the average driver but for California Registered Nurses, it is especially devastating.  The $3500.00 fines can quadruple once the BRN discovers it.  Your nursing  license can be revoked.  Your entire career can be over.

If you are a nurse who has been recently arrested for DUI There are 5 things you must know.

·         Your License is in serious jeopardy, and we’re not talking about your driver’s license.

·         The California Board of Registered Nursing (BRN) will absolutely file an accusation against your RN License.

·         The vast majority of Board of Registered Nursing (BRN)  accusations calling for REVOCATION or SUSPENSION of RN Licenses are for DUI arrests.

·         You do not have to be convicted of the DUI for the Board of Nursing (BRN) to file the accusation.

·         Even a DUI reduced to a wet and reckless is cause for discipline with the Board of Registered Nursing (BRN).

Nurses who have attorneys represent them with the Board (BRN) are most successful in having the RN License accusation dismissed, having the discipline reduced to a public reprimand or receiving probation in lieu of revocation. 

Not just any attorney will do.  Attorneys are specialists.  Just like in medicine, they specialize in a very specific type of practice and expert Registered Nurse License Defense Attorneys are hard to come by.  We know the Board of Registered Nursing (BRN) deadlines. We know the Nurse Practice Act. We Know the Board  (BRN)  and we know the Deputy Attorney Generals assigned to your case. RN Guardian and its panel attorneys are nationally recognized for Nurse’s licensing issues.

A Nurse with a DUI will need 2 different attorneys.    For a first time offender, an experienced DUI lawyer will cost $5000 to $8000.  Even so, the conviction rate for a DUI is still a staggering 75%, according to the latest Annual Report of the California DUI Management Information System.

An experienced RN License defense attorney will cost you as little as $1500.00 and hardly ever more than $5000.00, even if you have to go to a Board of Registered Nursing (BRN)  Hearing.  If you had to choose between the DUI attorney and the RN license attorney, the choice should be obvious.  One lawyer has a 25% chance of saving your driver’s license for a year; the other attorney has a 100% chance of saving your entire career.

Our RN License Attorneys have a 100% success rate in license retention for first time DUIs and are 90% successful in defending Nurses with more than one DUI.

Please call RN Guardian as soon as possible at 800-506-9766. Our attorneys and Board of Registered Nursing Experts can help save your RN License and your career.

A criminal conviction for a Registered Nurse can be devastating to your career and the most common for RN’s are Driving Under the Influence, or DUI convictions.  In California, these records are automatically forwarded to the Board of Registered Nursing (BRN) enforcement unit and are usually followed by a formal accusation by the Board against your Nursing (RN) license.  So just as you are in the midst of completing your punishment for the DUI, your criminal record will very likely be held against you with the Board of Nursing.

Despite popular misconception, a driving under the influence (DUI) conviction in California does not go off of your criminal record in seven years. In fact, it stays on your record for life unless you are proactive and have the conviction expunged.  Only a judge can authorize a change to your criminal record. An  expungement does not erase your   California criminal record, but it will make it so your prior criminal conviction cannot be used against you in most situations.  Applying for, or renewing a Nursing license is NOT one of those. You must still disclose a criminal conviction to the BRN, even if it has been expunged. According to the BRN itself, “you are required to report a conviction that was expunged. The law specifies that it does not relieve you from the obligation to disclose the conviction in response to any direct questions contained in any questionnaire or application for public office, for licensure by any state or local agency.”

So why bother? Because the expungement will be considered by the Board of Nursing with regards to license discipline. Title 16, California Code of Regulations, section 1445 states in part, “When considering the suspension or revocation of a license on the grounds that a registered nurse has been the has been convicted of a crime, the board, in evaluating the rehabilitation of such a person and his/her eligibility for a license will consider the following criteria: …(5) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code. Also, if you obtain and expungement and find yourself in some new criminal trouble, the first conviction cannot be used as a “prior conviction” for purposes of defending your new case.

The California expungement process is not overly complex.

·         You have to know WHAT you were convicted of and the exact nature of the penalties imposed; certain crimes as well as serving time in state prison make you ineligible for criminal record expungement in California.

·         You will need to have completed ALL of your probation requirements in order to be entitled to expungement In California.

·         Also, depending on your circumstances, there may be additional steps involved in expunging your record.

So even though you are still required to disclose a conviction to the Board of Nursing, having your DUI expunged can go a long way toward helping you avoid what many consider the most critical consequence for a nurse: having your Registered Nursing License revoked.  If you would like more information, would like assistance with your expungement or have questions regarding how a DUI can impact your Nursing License, feel free to call me at 916-851-1900.

We are so excited with this result, almost as excited as our RN Guardian Member. If You are a Nurse with a DUI and the BRN is has filed an accusation against your RN license, how excited would YOU be to get this email from your attorney?

From: Daniel Thompson
Sent: Tuesday, May 10, 2011 10:18 AM
To: RN Guardian Nurse

Cc: Jennifer Coalson
Subject: Your BRN Matter - GOOD NEWS!

Hi RNG Member,  

This is just to follow-up on the voicemail I left you just now.

I heard back from the Deputy AG assigned to your case this morning.  The BRN has agreed to WITHDRAW the accusation against your license!!  The paperwork is being prepared and you should receive a copy in a week or so once it is processed.

The HUGE benefit to you here is that you do NOT have to go on probation, you do NOT have to sign a stipulated settlement and (I need to verify this) you likely do NOT have to pay back any costs to either the AG’s office or the BRN.

This is the best possible outcome we could have accomplished and I am very pleased to deliver this news to you today.  Now you can breathe a little easier and move on with your life and finish out your career without anything hanging over your head.

It’s been a pleasure to assist you and I will follow-up with you again once we get the dismissal paperwork before we close out your file.

Dan

Daniel P. Thompson

http://www.goyetteassociates.com

11344 Coloma Road, Suite 145

Gold River, CA 95670

916-851-1900

916-851-1995 (fax)

If you are a (RN) Registered Nurse and you got a DUI, have been served an accusation for a DUI by the BRN or the Attorney General or if there is ANY possibility that you could ever GET a DUI, please give us a call. RN Guardian has been wildly successful defending Nurses Licenses from revocation by the BRN. The fact that our stellar attorneys were able to get the DUI accusation withdrawn is a true testament to our lawyers commitment to our nurses and their savvy legal skills. If you are a nurse who has a DUI, the BRN will go after your license. Who you choose to defend you means the difference between a withdrawal or public reprimand and revocation or probation. Let RN Guardian put you in touch with the Nurse License Defense Experts of Goyette & Associates... when it comes to protecting your license, livelihood and career you want experts with proven results defending you (plus our rates are usually LESS than other Firms if you can believe that!) 916-851-1900 and ask for Jennifer.