Kicked out of school, and I'm not even convicted? Any advice?

[mrsmac0710]

Hi guys , bare with me as I tell my story because I feel the circumstances of the incident are a big part in what should be considered , and I appreciate any input! I am an LPN of 9 years in Arkansas, and I had 30-something days left of class/clinical time before I was going to graduate RN school. Last week I self disclosed to the school after a lecture about criminal background checks. I have not been convicted yet and my lawyer has good faith that he can get the charges dropped completely, but he has to take it one step at a time and can't ask for a felony to be dismissed initially he has to ask for a misdomeaner, and then we can ask for it to be taken off. A big problem is that this can all take some time and I don't have that, and knowing that the whole incident was bogus and misconstrued by the police officers makes me so angry because it has already ruined my life and I have always been a model citizen, nurse, and mother.

Here's what happened. After leaving a baseball game my husband and I got into a fight in the car on the way home, because he told my sons friend he could stay the night and I had test in the morning and needed to study. I went to text the friends dad. My husband (driving) and I (front passenger) ended up wrestling over the phone. He first twisted and wrestled it out of my grip and pulled it to his side of the car. He didn't have his hands on the steering wheel and I put my hand on the wheel and I yelled "you're going to wreck us!" When I put my hand on the wheel he pushed me back into my seat causing me to knock the car out of gear, and that's when the car swerved. My husband got control of the car and then punched me in the face with his right arm. I got scared and called 911 because I thought my jaw was broke and my lip was busted. All that happened in a matter of seconds. Everyone was ok. We never wrecked. When we pulled off the interstate the kids were scared and asked what happened and my husband said that tried to wreck us. When the cops got there , I was scared and crying, he was telling the cops I grabbed the wheel , which I did ,but not to wreck us. I was honest and answered the cops questions between sobs and when thy asked me if I put my hand on the wheel I told them I did. The cops hated me, I think because I was annoying to them crying uncontrollably, but I had never been in that kind of situation and I was very shaken. I ended up getting charged with endangering the welfare of a minor x2. The police never made my husband take a breathalyzer even after I told them he had been drinking (he wasn't drunk, but had 4 beer at the game ,enough to make him argumentative) and they let him drive off with the kids afterward. No where in the report does it say that I called 911, or that he punched me in the face. It also doesn't say anything about my husband telling them my blood sugars were low right before that (im a diabetic and I get cranny when I'm low), or about the alcohol he had.

My husband didn't want me to go to jail and honestly I thought he would be the one going. But because I was the one who "grabbed the wheel", it had to be me and he didn't get any charges. The hit I got was out of line and my husband feels horrible about it. He came straight up to the jail and got me out as soon as I was able. He agrees that he exaggerated the facts to the police when he said I grabbed the wheel and he has written statements that reflect my story of that evening. He is standing by me and I have his full support. The problem I have is that I couldn't find anywhere in my NPA that says I have to report a charge, so I held off. But we were about to do criminal background checks for out nclex application, so I decided after a month of keeping it in, I would let the school know. And they kicked me out! They said they have a policy that you can't have an open court case and be enrolled, but people are falsely arrested all the time! And the policy doesn't say that exactly, it just says that they will look at each case individually and make a decision. I have a court date for Oct 1 for a case status and I will then find out if it is a misdemeanor or a felony charge. The school says they are reporting it to the BON but will give me till next week so I can first, but under what rule do I have to? Even my lawyer read the NPA for my state and couldn't find where I have to report. I planned on reporting this to begin with but my question is, how should I go about appealing the decision to kick me out? What should I say? Court is going to take some time and I can't wait that long even though I know the charges will be dropped. Any suggestions about what I could ask for from the school as far as : let me go to school until my next court date even though it won't be cleared at that point? And what about telling the BON, and will they let me test? Do they look at the circumstances of charges? I have already passed my Hesi with a 1092, I am an excellent student and I would have hated to see what it would have been like if I didn't grab that steering wheel that night. I couldn't have changed anything that happened that night, only my husband could have and he regrets everything as do I. I have been so depressed over this and I can't take this much more. It's the worst thing that's ever happened to me.