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HELP! Prohibited from practicing

Posted

Hi,

I am freaking out because I passed my nclex for Lpn March 5, 2015. And it's been a month and I just received a letter from the division of professional regulations saying that I am prohibited from practicing because I was arrested on June 21, 2013 for speeding 30 mph over the speed limit. I went to court and paid my fine. They are asking for a detailed statement as well as court documents. I would like to know if anyone has gone through this and was still approved for their license, as well as the time frame you had to wait, because I had 2 job interviews last week and was told they would call me Monday (in 3 days) to let me know if i am hired. I don't know what to do and I'm freaking out. I have a child and I quit work when I started my second semester of nursing school. I need to be approved so I can get more income for my child and start her in school this year.

Were you actually arrested?

Did you report this when you applied for you license or did the BON find out otherwise?

The important thing to know is whether traffic violations/arrests are reportable to your BON and whether you did at the time of licensure.

You may need to seek the advice of an attorney who deals with nursing boards to help you navigate this one.

I would seek the advice of an attorney. If you were asked if you were ever arrested, and answered "no" it could be an issue. Were you arrested or just given a ticket?

In any event I would seek legal counsel.

Yes I was arrested and given a court date that just required me to pay a fine (which I did). I answered "no" because I thought it wasn't since i went to court and paid and I didn't have an issue with it before and I honestly forgot about it until I received that letter. Is it better to get an attorney if all they want is a detailed statement and court papers of what they decided? Because my friend said the BON just wants to see the court papers and its outcomes.(she got a letter to see court papers from 2011 about driving without a license and still got her nursing license)

Meriwhen, ASN, BSN, RN

Specializes in Psych ICU, addictions.

You REALLY need to the advice of an attorney. Here's a link to get you started: TAANA Executive Office - Home

A lot of people don't realize that speeding and other traffic violations can turn out to be misdemeanor or felony convictions, and fail to tell their BON about them (and FYI, you don't need to be arrested in handcuffs and/or carted off to the police station for that violation to be a misdemeanor/felony). Others don't think they have to report speeding or other traffic violations because they think their BON won't care about it as long as it wasn't a DUI and the fine was paid. Not necessarily true--some BONs have specific criteria regarding the reporting of speeding/traffic violations.

You should always be aware of what YOUR BON wants reported to them.

Unfortunately, BONs tend to move slow when it comes to dealing with applicants with criminal convictions, and even with an attorney's help, don't expect it to be resolved immediately. But having an attorney working with you on this can increase the chances of a more favorable outcome than if you try to handle this by yourself.

Best of luck.

You were arrested for speeding? Did something else happen? I never heard of anyone getting arrested for a simple traffic violation like speeding. Actually in my state I don't think they can arrest you unless you're drunk/have drugs/warrent/ect ect

Edited by tnbutterfly

How did you get arrested for speeding? Were you drunk as well? Warrants? I was ticketed for doing 80 in a 50mph zone. I was not arrested, I was given a ticket and went about my way. There has to be more to your story.

Edited by lovinglife2015

Meriwhen, ASN, BSN, RN

Specializes in Psych ICU, addictions.

I did you get arrested for speeding? Were you drunk as well? Warrants? I was ticketed for doing 80 in a 50mph zone. I was not arrested, I was given a ticket and went about my way. There has to be more to your story.

Depending on the state, going more than 30 mph is considered reckless driving which may be a misdemeanor or even a felony. If you've gotten a ticket for reckless driving and paid the fine, you essentially pled guilty to the charge and now have a conviction on your record even though you weren't arrested or went to trial.

So lovinglife, you may want to check your record to see what type of conviction, if any, that ticket has resulted in, because you may have to disclose it to YOUR BON. Otherwise you risk being in the same boat as the OP.

Depending on the state, going more than 30 mph is considered reckless driving which may be a misdemeanor or even a felony. If you've gotten a ticket for reckless driving and paid the fine, you essentially pled guilty to the charge and now have a conviction on your record even though you weren't arrested or went to trial.

So lovinglife, you may want to check your record to see what type of conviction, if any, that ticket has resulted in, because you may have to disclose it to YOUR BON. Otherwise you risk being in the same boat as the OP.

You think that I haven't already checked my record? Granted, my ticket was several years ago, but I have no felonies, convictions or otherwise. Thanks for your concern.

How did you get arrested for speeding? Were you drunk as well? Warrants? I was ticketed for doing 80 in a 50mph zone. I was not arrested, I was given a ticket and went about my way. There has to be more to your story.

No, i was speeding, I was not drunk or had any warrants, nothing more to the story. The officer said going 30 over the limit is reckless driving. I was just arrested and taken to the police department and they gave me a court date

The link you posted for help with an attorney doesn't have any in Illinois ):

So you were arrested for reckless driving. Which involved a ticket/fine.

To protect yourself going forward, I would most certainly find a local attorney who can advise you. It may have been that the fine was paid, but the charge of reckless driving sticks. (that you "admitted to" by paying said fine/ticket).

I get that perhaps the BON has just asked for paperwork--but be sure to at least pass all this by an attorney who can advise you so that you are providing only what they ask for, that kind of thing.

Meriwhen, ASN, BSN, RN

Specializes in Psych ICU, addictions.

The link you posted for help with an attorney doesn't have any in Illinois ):

Bah :(

Then get any local attorney you can find to help you--that would still be better than no attorney.

I spoke with an attorney this morning and he told me they can help write a statement and send in the paperwork for me and if they give me an informal hearing they will help with that as well. But he said he will charge $1500 =/. Money I do not have since I'm not employed at the moment. BUTTT I called the BON after and she asked for me SS# to see my case and she said just send in the court papers and the statement about what happened in court and I should be fine she said they RARELY (she empathized it) deny nursing licenses. Should I listen to her since she did pull up my case and saw what the arrest and stuff was for.

Of course, listen to BON and send the documents. I know several nurses still practing that committed crimes far worse than a traffic violation. Contact Legal Aid if you feel it's necessary, as they offer pro bono and sliding scale fees.

I have been through this process. At this point you do not need an attorney. Send in the paperwork with a statement of what exactly happened. From that they will decide if they need to have a hearing with you or give you your license. If you feel uncomfortable writing a statemtent, you can get help with that with an attorney. However, if it really is just a case of you speeding, it sounds simple enough to explain that. If they decide to have an informal hearing with you, that is the time to hire an attorney. I'm pretty sure they will give you a license, but each situation is handled as a separate case and it just takes a long time. Unfortunately there is no way to expedite it.

BuckyBadgerRN, ASN, RN

Specializes in HH, Peds, Rehab, Clinical. Has 4 years experience.

They asked if you were arrested? And you answered "no" even though you had indeed been arrested? I'm a little confused...

Yes I was arrested and given a court date that just required me to pay a fine (which I did). I answered "no" because I thought it wasn't since i went to court and paid and I didn't have an issue with it before and I honestly forgot about it until I received that letter. Is it better to get an attorney if all they want is a detailed statement and court papers of what they decided? Because my friend said the BON just wants to see the court papers and its outcomes.(she got a letter to see court papers from 2011 about driving without a license and still got her nursing license)

I forgot about it once I paid the fees...Until they sent me the letter

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