Why is Our Nurse Jumping for Joy Over a $2,500 BRN Fine and Citation for a DUI?
Normally a $2500.00 BRN Fine and Citation for DUI would make someone cry, but for a California Registered Nurse with a Driving Under the Influence (DUI) conviction, a citation and a fine is cause for celebration (just make sure you don’t drink and drive to celebrate!)
An BRN Fine and Citation for DUI is a civil penalty, and therefore not considered license discipline and therefore not publically attached to a nurses license. This is big deal: the usual discipline imposed by the Board (BRN) for any alcohol related conviction will be publically disclosed. It is a formal accusation and call for revocation or suspension of the nurse’s license. With RN Guardian’s attorneys help, nurses often are able to get the discipline reduced to a stipulated settlement of probation, but this impacts the nurse’s license for the remainder of his or her career and the legal fees along with the fees imposed by the Board can easily total $10,000.00 or more.
Our RN Guardian member pled nolo contrendere to violating Vehicle Code Section 23103(a) – or no contest to a wet and reckless. He was offered the Diversion Program, which he turned down. He submitted a letter of explanation to the Board, per their request along with some additional mitigating evidence and the result was a Citation Order.
BRN Fine and Citation for DUI
The nurse has 3 options. He may pay the fine, sign a Waiver of Appeal Rights and submit it to the Board within 30 days of receipt of the Citation Order. If he fails to pay the fine, he will not be able to renew his license until he has done so. If he does pay the fine it is considered a civil penalty and will not be publically disclosed as discipline against his license. However, if someone calls the Board and inquires about that license specifically, the Board must disclose that the Nurse has been cited and fined, but they do not disclose what the fine was for. After 3 years, the citation and fine are no longer disclosed and the matter is dropped and goes away.
Our member’s other 2 options are to request either an Informal Citation Conference or an Administrative Hearing. The Informal Citation Conference is with the Executive Officer or Designee of the Board. The nurse may choose to be represented by legal counsel or a representative present at the conference, as can the Executive Director. The Administrative Hearing is similar to court proceeding, except that it is an Administrative Law Judge presiding, and no jury. If the nurse was to request either the Informal Citation Conference or the Administrative Hearing, he would need to attach a letter of explanation as to the reason and submit it within 14 days of service.
We’ve represented hundreds of BRN Fine and Citation for DUI matters and this is the best result we could possibly hope for, other than total dismissal. We are jumping for joy a little too!
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