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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1981
Experience:  10 years practicing IP law and general litigation
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My son was arrested for DWI, the night of graduating from nursing

Resolved Question:

My son was arrested for DWI, the night of graduating from nursing school on 5/20/13. The Texas Board of Nursing has since put a hold on his application to take his NCLEX exam until he submits court documents. However, his case has not been filed and we don't know how long it will take go to court. Our attorney for his DWI won't give us a straight answer as to what to do about the Nursing Board. Should we hire another attorney to appeal this "hold" so he can take the exam and be able to look for a job until his court date is set or wait it out?
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.

I hope this message finds you well, present circumstances stances excluded. I have many years experience dealing with DWI, on both sides of the issue as well as experience in dealing with administrative bodies such as the Nursing Board. It is a pleasure to assist you with this issue.

 

The hold placed by the Nursing Board is a mandatory protocol relative to the licensing process. It is odd that once you have completed the testing and licensing process, an DWI will not result in a suspension of your license unless it is deemed a felony DWI. That said, unfortunately, this is standard operating procedure and there may be no way to persuade the board differently.

 

However, since DWI and court docketing can take time, and in view of the necessity to take the test to receive a license and begin practice, there may be some steps to take that may move things along.

 

The first thing is that the attorney can request an extension of your son's driving privileges until such time as a trial on the merits may be had. The Texas DMV will recognize and process such a request and order of the court without much thought as they happen every day. This will keep your son's license permanently active until the trial date. This is also a back door way to receive a trial date because the court likes to know when the end of this extension may be. These same documents could then be filed with the Nursing Board with a request to sit for the exam in the mean time. The nursing board may or may not recognize and grant this request even in view of the documents. However, they are not prohibited from recognizing this court order and may very well decide to at least let him sit for the test in view of his active driver license, his proactive nature in attempting to resolve the matter as well as the lack of conviction in the present time and foreseeable future.

 

In summary, his attorney needs to file a motion for extension of his driving privileges until a trial can be had and needs to file a simultaneous motion for a trial setting. When orders are given by the court on both counts, these need to be immediately transmitted to the Nursing Board with a request to sit for the NCLEX exam.

 

I would not go to the expense of hiring another attorney just yet. I would also not wait it out. Be as proactive as possible.

 

Let me know if you have any other questions or comments. I want to make sure you are satisfied with the answers given.

 

Best wishes going forward.

Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1981
Experience: 10 years practicing IP law and general litigation
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