first degree misdemenor

HugoVal · Aug 26, 2015

I'm going through the stipulations right now. It's FRUSTRATING. I received a DUI Aug 2013, BCA .10. It was a routine moving violation. I had just departed a well lit parking structure in which I failed to turn on headlights (which I didn't need in the well lit parking structure). As soon as I pulled out I was pulled over and told why I was pulled over. Officer continued asking routine questions and finally asked if I had consumed any alcohol. I admitted to it...the rest is history.

Fast forward to November 2013 when Nursing Boards attorney contacts me stating I have a court hearing and if I want to "skip" the hearing I should sign paperwork subjecting me to possible probation with certain stipulations to follow depending on my case, personal character letters and other documents since he stated and I quote, and I have saved emails, "every case is looked at and treated differently". I signed my "life" away and for the next 18 months that followed I complied with EVERYTHING the court system demanded me to obey without any violation. I received Nurse of the Year in 2014, continued to grow and accomplish personal growth and obtained a Utilization Management position June 2015.... And here comes the Boards, sending me a letter stating July 3rd I will commence probation period of 3 years with 19 stipulations I have to obey with including being supervised while administering Narcotics which was never a case to begin with in my issue. Certain restrictions were applied to me that my job was unable to accommodate me for. So after 8.6 years of employment at the same facility I was terminated. Bills, child support of 1717.00/monthly, car payment, house payment hasn't stopped but my income and my medical/dental insurance for my kids and I have.

I went to see Mental/Addict specialists since that is part of the stipulation requirement and after their professional assessment of me and my past records. They suggested I don't have an alcohol problem/addition, I am competent, and they suggest I am competent to practice Nursing without any restrictions.

They Boards of course shut that down. The Boards Legal department does NOT look at each case separately. They throw all the cases in the same bundle at treatment them the same. In My Nurse Support Group meetings, there are nurses attending who unfortunately did some bad things or have additions need support. The groups are real helpful, everyone watches for one another. I wish them all the best. But i'm not quite sure why I have to attend these meetings on top of AA meetings if I hardly ever drank to begin with. This is not rehabilitation for us its punishment. Our own prison system.

I have 3-5 different employers calling me back daily because they like my resume and i'm a great candidate for the positon they are hiring for, but because of a DUI, i'm automatically disqualified. They may not discriminate due to gender, race, age, but if you have a DUI its almost impossible to get a Nursing Job.

I'm not trying to justify my DUI. I know I was wrong, but I have complied with every mandated court ordered and nursing stipulation. I just don't believe my crime fits the punishment, that is all.

I created a excel sheet in Aug 2013 when I received my DUI, tallying up approximate expenses. So far, it's costs me 13,500. I'm sure this will vary depending on state, court fees, attorney fees, bathroom fees, pencil fees, and all hidden fees but its definitely not a cheap citation.

Rule of thumb, DON'T DRINK AND DRIVE.. take UBER or LYFT. 50-70$ a night is a lot less than 13k.

If anyone here is in similar situation as I am, and know of someone who has appealed a case like this, HELP..