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LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 746
Experience:  Practicing attorney licensed for over 23 years.
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I got a DUI in Feb 2012 and reported it to the board May 2012,

Customer Question

I got a DUI in Feb 2012 and reported it to the board May 2012, Now I am getting a administrative complaint from the board and have 3 options to pick from what do I do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LegalEagle1 replied 1 year ago.

LegalEagle1 :

Hello and welcome to JustAnswer.

LegalEagle1 :

I would like like to help you with your question. Are you available to chat?

LegalEagle1 :

When you return can you please tell me what state you are in? Also please let me know the date you charged and the date upon which you plead or were found guilty.

Customer :

I am in Florida State. Charged in court 2/2/2012

Customer :

Are you on line?

LegalEagle1 :

was 2/2 the date of the offense or the date in which you were convicted and sentenced?

Customer :

11/30/2011 offense 2/2/2012 the conviction

LegalEagle1 :

Ok, just so I'm clear. You reported it to the board yourself in May?

Customer :

Yes

LegalEagle1 :

was there anything that occurred between 2/2 and the time you reported it?

Customer :

no

Customer :

yes they sent me paperwork that I had to fill out telling them what happened and results

Customer :

they are charging me with section 456.072 failing to report in writing within 30 days

Customer :

and chapter 464

LegalEagle1 :

so the basis is failure to timely report and the underlying DUI offense?

LegalEagle1 :

If it is more please let me know. I'm going to research this. Please give me a few minutes to review a few things.

Customer :

Yes

I have 21 days from receiving the complaint to have notarized one of the options upon my signature my license is suspended until I have a IPN evaluation for $500.

option 1 I do not dispute alligations of fact in the Administrative Complaint, but do not wish to be accorded a hearing, pursuant to Section 120.57(12).Florida Statutes, at which time I will be permitted to submit oral and/or written evidence in mitigtion of the complaint to the Board.

option 2 I do not dispute the allegations of fact contained in the Administrative Complaint and waive my right to object or to be heard. I request that the Board enter a final order pursuant to Section 120.67. Florida Statutes.

option 3 I do dispute the allegations of fact contained in the Administrative Complaint and request this to be considered petition for formal hearing, pursuant to Section 120.569(2)(a) and 120.57(1) Florida Statues, before an Administrative Law Judge appointed by the Division of Administrative Hearings. I specifically dispute the following paragraphs of Administrative Complaint.

Customer :

In addition to above

I accept the terms of the Settlement Agreement, have signed and am returning the Settlement Agreement or I am interested in settling this case.

or

I do not wish to continue practicing, have signed and returned the voluntary relinquishment of licensure form, if it has been provided.

Regardless of which option I have selected, I understand that I will be given notice of time, date and place when this matter is to be considered by the Board for Final Action. Mediation under Section 120.573.Florida Statutes. is not available in this matter.

LegalEagle1 :

Ok, as a practical matter I have found that being late in self reporting, while a technical violation does not impact what a board does. So long as, the person initiates the process. This may be different when years pass, but if you are 30- 60 days late it is usually not a major factor.

LegalEagle1 :

As far as the underlying DUI offense, the board will be concerned with the underlying facts of that case and also whether or not you have an alcohol an/or substance abuse issue.

LegalEagle1 :

They will want to examine the facts of that charge and any other relevant information. Such as other indications of abuse or dependency, conclusions of any assessments you have had, and what if any treatment you may have undergone.

LegalEagle1 :

You mentioned that you had tried to find a "nursing lawyer."

LegalEagle1 :

Not many lawyers promote themselves as "nursing lawyers"

LegalEagle1 :

you should look for one who deals with employment, administrative law or professional licensing issues.

LegalEagle1 :

The concerns the board will be considering are not any different than would be for a lawyer, dentist, doctor or any other licensed professional with a duty to report such convictions.

LegalEagle1 :

I understand that you currently do not want to continue practicing as a nurse. Losing your professional license, may impact you in other ways. If in a few years you change your mind. This may be an obstacle. Also if you decide to change professions, if someone checks your background. The action the board takes may be a red flag to a future employer.

Customer :

No, I do want to continue to practice. My dui had nothing to do with work. I am a good employee and love my profession.

LegalEagle1 :

if you tell me what county you reside in I will try and find the lawyer referral service for your area. They should be able to provide you with a list of attorneys to help you.

LegalEagle1 :

We cannot advise you which option is best for you. That would require an attorney-client relationship, which is prohibited by the terms of this site.

Customer :

brevard

LegalEagle1 :

All I can do is provide you with general information about the law. Hold on.

LegalEagle1 :

Try calling them, they should be able to give you the names of attorneys who can help you

LegalEagle1 :
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