Saturday, April 21, 2012
Experienced San Diego DUI attorneys deal with registered nurses and other persons who are disciplined by California State Board. The Nursing Board may or may not take action after a DUI
Experienced San Diego DUI attorneys deal with registered nurses and other persons who are disciplined by California State Board. The Nursing Board may or may not take action after a DUI. It is best to engage a California lawyer experienced with state professional licensing boards after a drunk driving conviction in San Diego or elsewhere. This week the First District Court of Appeals reinstated the California Board of Registered Nursing's disciplinary order against a nurse for a DUI incident unrelated to his job. Anuncio Sulla went to a party in San Francisco 2 and a half years ago. He drove to San Jose but unfortunately collided with the center divider on Highway 101 in San Mateo County. With a .16% BAC, he pled in DUI court and was placed on California DUI probation. Sulla, a licensed California nurse at a Silicon Valley hospital for 5 years, had no record of job misconduct or California discipline. Yet the California nursing board placed him on 3 years probation, indicating California state laws authorize disciplinary action against a nurse who is convicted of a DUI or alcohol-related crime, or who endangers anyone by excessive drinking. Sulla appealed. He prevailed with a ruling from San Francisco California Superior Court Judge Loretta Giorgi, ordering licensed professionals can be disciplined only for conduct that is related to their work or job qualifications. However, the First District Court of Appeals said the California nursing board was acting within its legal authority. There is a "logical relationship between the professional fitness of a registered nurse and the alcohol-related misconduct" that was the basis for Sulla's disciplinary order, said Justice Henry Needham in the 3-0 ruling. Sulla will appeal to the California Supreme Court, said his California lawyer, Adam Slote. The right to practice one's profession has "strong constitutional protection," California attorney Slote said Friday, and should be subject to revocation only for conduct that is "substantially related to the profession." This DUI was not.