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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).