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Thread: Disturbing The Peace

  1. #1
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    Disturbing The Peace

    I have a problem. I'm an LPN Nurse in the State of Michigan. I was involved in a situation at a bar, where I had to defend myself against a woman. Unfortunately I was charged initially with assault and battery and drunken disorderly. After the FACTS of the situation came out, I am now only being charged with disturbing the peace. My problem is that it was my understanding that I was supposed to report these charges right away to my employer and possibly the State Nursing Board. I have been putting that off because I have been so nervous of what the penalty might be. I love nursing and am still continuing my education in this field. Can anyone please tell me what the outcome of my situation might be???? This incident took place over a few months ago and everything is about to become final with the "disturbing of the peace" charge. I am going to report this soon and I would like to have an idea of what to expect???

  2. #2
    Member Extraordinaire hppygr8ful's Avatar
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    Re: Disturbing The Peace

    In some states the authorities involved (the DA's office) inform the state board of nursing at the time charges are filed. It can take weeks, months and even years for the Board to take action against your license. Do you have a lawyer? Were the charges reduced or did you plea down? You can have your lawyer check to see if there has been any formal complaint against your license. If no formal complaint has been made and you are in a plea bargain - You could ask that as a condition of acceptance that no complaint be made. However I believe that in all US states Felonies must be reported to the board. If your charges involved alcohol your board could remand you into treatment even if your BAL was below the legal limit.

    My advice:

    Make an anonymous call to your board and find out what happens in your state when a nurse is accused of a crime. Make sure you ask about misdimeanors ve felonies. Ask what the state policy is about the accused responsibility in reporting to their employer and to the Board.

    Chances are if you ignore this it will not just go away. I know of one nurse(LVN) who had two drunk driving convictions followed by 5 years of sobriety with no reoccurance. When she applied for her RN the background check picked them up and she started her RN career in probation for three years.

    Hope this information helps -

    Peace and Namaste

    Hppy

  3. #3
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    Re: Disturbing The Peace

    I did hire a lawyer due to my fear of the worst case scenario: losing my license. The prosecutor, however, is refusing to place anything "under advisement"--meaning it would never show up on my record. Although I am hoping for the best, it's doubtful that I will walk away without being charged with the misdemeanor. Thank you for your advice and if you have additional suggestions please respond.

  4. #4
    An attorney is your best friend under these circumstances. I would not make any calls to BON anonymous or not. They know about caller ID too. However, all information should be posted in a public format regarding what types of convictions will affect the standing of your license. If you are already paying an attorney, then this is an issue to press for him/her to deal with. Good luck and stay out of the bars for a while. Walk the straight and narrow so you can look like a fine upstanding citizen. It all counts.

  5. #5
    Senior Member orionseal's Avatar
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    Re: Disturbing The Peace

    The MDCH website allows you to access information about your liscence if you want to check on any marks you may have go to this web site

    http://www.cis.state.mi.us/free/default.asp

    enter your mame and info then when your profile pops up click on your name.
    this will list any charges against your liscence if any have been filed.
    :luck:
    P.S. Keep your nose clean from here on out, "WE" need you.
    "BECAUSE I SAID SO" IS NOT A GOOD ENOUGH REASON.

  6. #6
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    I would like to know what you did. I am a registered nurse in louisiana and my ex husband decided to call the police and the situation ended up with me having a disturbing the peace charge. I wasn't fined or fingerprinted, and I don't have to go to any hearings or court. The officers told me it was no big deal and shouldn't affect my license. I'm not even sure if it is on my record. It happened on New Year's Eve, but after midnight. I had already renewed my license for 2013. Do I have to report this? Do I report it to the board now or wait till I renew my license? I wonder if I have to say anything at all? They just made me stay in jail to "sleep it off." Then the officer drove me to my car to drive home. Any advice??

  7. #7
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    Call the police Dept and ask them,but sounds like it was a warning. Keep away from the ex. No contact at all.

  8. #8
    Member Extraordinaire hppygr8ful's Avatar
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    I would also advise staying away from alcohol

  9. #9
    Moderator SoldierNurse's Avatar
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    OMG, another thread that saw the light only to be shocked back to life. Where's Charlie34? Where's Suz?

    On a related not, back in'94 an overzealous LEO (Law Enforcement Officer) cuffed me rather than issue a fine. For what... numchucks in my glove box. Long story short, my lawyer got the case thrown out, i.e. no fine, no conviction. Five years later, nursing school, pass NCLEX, all's good. BTW, I never reported the arrest. LOL, last year I received a letter (notice) from the Texas Board of Nursing that I was under investigation for misconduct & unprofessionalism. For what? For the arrest that occurred almost 5 years before I passed the NCLEX.

    After 3 months I received a letter from the Texas BON; insufficient evidence - case dismissed.
    Cary James Barrett, RN, BSN


  10. #10
    Moderator SoldierNurse's Avatar
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    Quote Originally Posted by amygarside View Post
    That was a close call.
    Funny thing (not at the time), during that time I was in the Physical/Medical Evaluation Board process. Not fun at all. As an Army Critical Care RN w/bad L shoulder & bad R elbow along w/not able to handle stress as well as prior to Iraq (MasCal 7dead & 70 injured) I was given administrative duties some pertaining to nursing such as patient chart audits but other busy work type task not so much related to nursing. I asked, all the way up the c-in-c if I could transfer to another nursing dept in the Medical Center less labor intensive. I was told no, as well as your unfit to be in the Army. Whiskey Tango Foxtrot?

    LOL, exactly a month after my med retirement the MAJ Select (Promotion) list came out & I'm #85 on the list. Again, whiskey tango foxtrot?!?
    Cary James Barrett, RN, BSN


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