handcuffed or arrested

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I was handcuffed over 4 years ago, not read my maranda rights, not charged or convicted for anything, and in the public records i only have traffic infractions. do i answer yes to being arrested for the state boards? also, i have no misdameanors or felonys. Thanks!

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
I was handcuffed over 4 years ago, not read my maranda rights, not charged or convicted for anything, and in the public records i only have traffic infractions. do i answer yes to being arrested for the state boards? also, i have no misdameanors or felonys. Thanks!

We can't really give legal advice.....I'd check with the board and a lawyer.......but it sounds like you were detained and no official charge.

Specializes in HH, Peds, Rehab, Clinical.

Unless you were told you were being DETAINED or places in cuffs until the officers on scene can sort out stories, then YES, you were arrested. Being read your rights or not doesn't matter b/c you only have your miranda rights read to you if you are being arrested for a CRIME. ie: a teenager who is caught drinking WILL be arrested, but no rights read b/c they committed a misdemeanor, NOT a crime. Big difference. Don't most applications ask you if you've been CONVICTED of a crime?

My DH is a police officer =)

The OP did not say what state he/she is from. I would recommend that you become familiar with their DUI laws. For example, Texas has a zero tolerance law for underage drinking. So if they breathalyze you and you register AT ALL (even .0001) you will be charged with a DUI. Based on the statement that the OP blew .03 and lost license; I would bet the state has the same law. And not claiming a DUI is going to be a problem.

Specializes in HH, Peds, Rehab, Clinical.

That's an excellent point. My state has a ZERO tolerance policy on underage people who CHOOSE to drink illegally and then get behind the wheel of a car. HOW there could be no record of this "infraction" is beyond me...

Specializes in LTC, MDS, plasmapheresis.
I was handcuffed over 4 years ago, not read my maranda rights, not charged or convicted for anything, and in the public records i only have traffic infractions. do i answer yes to being arrested for the state boards? also, i have no misdameanors or felonys. Thanks!

Readers may be suprised to realize this, however:

Even at the point of your receiving a ticket for a traffic violation (speeding, as an example), you have in fact been 'arrested'. The difference between that, a traffic/adminstrative situation, versus a criminal situation, is that if your situation is a criminal offense you must either then, or at a specified time, report to an agency for booking, and to be fingerprinted. And in the case you fail to pay your traffic ticket (an administrative situation), you can then be subject to a bench warrant, which can elevate your situation to that of a criminal situation. In short- the majority of people 'arrested', are not actually physically detained, but 'arrested' by notice of a citation.

Specializes in LTC, MDS, plasmapheresis.
Unless you were told you were being DETAINED or places in cuffs until the officers on scene can sort out stories, then YES, you were arrested. Being read your rights or not doesn't matter b/c you only have your miranda rights read to you if you are being arrested for a CRIME. ie: a teenager who is caught drinking WILL be arrested, but no rights read b/c they committed a misdemeanor, NOT a crime. Big difference. Don't most applications ask you if you've been CONVICTED of a crime?

My DH is a police officer =)

What? You are claiming that a misdemeanor is not a criminal charge? And by the way, being handcuffed does not only not mean you are necessarily under arrest, it also does not mean you are being charged with a crime. People are handcuffed for a million reasons- you can be handcuffed at a crime scene as a safety measure before you can be cleared as being involved in the crime in question, as a common example. (A crime is either a misdemeanor or a felony= the difference is the possible end result of being convicted. But a crime is a crime, is a crime).

hey guys i found the florida state statute and it says that...

A violation of this section is neither a traffic infraction nor a criminal offense, nor does being detained pursuant to this section constitute an arrest. A violation of this section is subject to the administrative action provisions of this section, which are administered by the department through its administrative processes. Administrative actions taken pursuant to this section shall be recorded in the motor vehicle records maintained by the department. This section does not bar prosecution under s. 316.193. However, if the department suspends a person's license under s. 322.2615 for a violation of s. 316.193, it may not also suspend the person's license under this section for the same episode that was the basis for the suspension under s. 322.2615.

im going to guess that this is in my DMV records because it is not in my public records. i am curious if i should put this down on the application to take the state boards. i dont know how they ask for this info on the application.

thank for all of the replies!

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
hey guys i found the florida state statute and it says that...

A violation of this section is neither a traffic infraction nor a criminal offense, nor does being detained pursuant to this section constitute an arrest. A violation of this section is subject to the administrative action provisions of this section, which are administered by the department through its administrative processes. Administrative actions taken pursuant to this section shall be recorded in the motor vehicle records maintained by the department. This section does not bar prosecution under s. 316.193. However, if the department suspends a person's license under s. 322.2615 for a violation of s. 316.193, it may not also suspend the person's license under this section for the same episode that was the basis for the suspension under s. 322.2615.

im going to guess that this is in my DMV records because it is not in my public records. i am curious if i should put this down on the application to take the state boards. i dont know how they ask for this info on the application.

thank for all of the replies!

Just remember if you lie and get caught.......it won't bode well for you....thre boards usually don' have a sense of humor......:smokin:

I was in no way implying that i was going to lie. i was more curious as to people who have taken the NCLEX latley how they ask for this information within the application. on the florida state board of nursing website it states that minnor traffic infractions do not need to be included. Four years ago I was in violation of statute 322.2616 (it can be found easy on the internet) it is not a misdameanor or felony nor is it a traffic infraction or criminal offence in any way. but it did involve alcohol and a licence suspension. and again i wasnt charged with anything nor arrested. and i didnt go to court. and i do not have any criminal record. just curious what info you guys could give me. Thanks!

Specializes in Education, FP, LNC, Forensics, ED, OB.

Like a member said above, we cannot answer this question. As suggested, you will have to contact your BON and/or secure an Attorney.

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