DUI and Posssession charges, what to do

Not necessarily...

rescue99 said:
There is no obligation to report to anyone unless there is a conviction. If these were felony charges, it is probable his license would be suspended pending the outcome.
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I know my Paramedic School had a code of conduct that I was required to follow to participate in my program. So even it there is no obligation to report to government authorities, he may be in violation of his schools policies. In my opinion, better to come clean and ask for forgiveness and leniency that to try and hide it and get caught later. :rolleyes:
 
wyoskibum said:
I know my Paramedic School had a code of conduct that I was required to follow to participate in my program. So even it there is no obligation to report to government authorities, he may be in violation of his schools policies. In my opinion, better to come clean and ask for forgiveness and leniency that to try and hide it and get caught later. :rolleyes:
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Caught at what? Until a court action, there's nothing to confess. Asking a lawyer's advise is the only appropriate action this young person should be taking at this juncture.
 
You've been convicted of an offense involving possession of a controlled dangerous substance. I have to be honest, you've hurt your chances of getting a paramedic license in the near future and may lose your EMT card. Honesty is the best policy. Disclose it to the state and your program, get treatment, and take the consequences. If you lie about it, it will only be worse in the end.

Or have you only been arrested? If so, then seek legal advice, but you may still have a duty to disclose it to licensing authorities.
 
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rescue99 said:
Caught at what? Until a court action, there's nothing to confess. Asking a lawyer's advise is the only appropriate action this young person should be taking at this juncture.
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When there is a controlled substance involved, including marijuana, or excessive alcohol use the state does not have to wait for a conviction to determine if your license should be in question.

If you look at Michigan's statutes for disciplinary action, you will find it states something very close to that as well as that for a conviction.

Even if you beat a drug conviction with a smooth attorney that does not mean you will not have to answer to the state or an employer and drug testing may be in your future. Do you honestly want more people in EMS or any health care profession taking care of patients, especially if you are their partner, who might have bigger issues than just getting arrested? We have several in all health care professions who have not been convicted but must still answer for their actions if it pertains to substance abuse.

For illustration of this I will use California but this time as a good example. After that state came under criticism for being too lenient and lax at enforcement of disciplinary actions, they decided it was time to establish some guidelines. Unfortunately, as just guidelines, the counties and medical directors can still make up their own rules like allowing a convicted child killer get an EMT cert.

http://www.emsa.ca.gov/about/files/EMT2010/Ch6DisciplineGuidelinesApprovedByEMSComm.pdf

8. Violating or attempting to violate any federal or state statute or regulation which regulates narcotics, dangerous drugs, or controlled substances.​

Maximum Certification Action : Revocation ​


Recommended Certification Action : Revocation stayed, sixty (60) day​

suspension, 3 years probation with terms and conditions.​

Minimum Certification Action : Revocation stayed, three (3) years probation​

with terms and conditions.​


Minimum Conditions of Probation: All Standard Conditions and Optional​

Conditions: 1, 2, 3, 4, and 10.​


9. Addiction to the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances.​

Maximum Certification Action : Revocation​

Recommended Certification Action : Revocation stayed, suspension until​

successful completion of drug/alcohol detoxification diversion program five (5)​

Minimum Certification Action : Revocation stayed, three (3) years probation​

with terms and conditions.​

Minimum Conditions of Probation: All Standard Conditions and Optional
Conditions: 1, 2, 3, 4, and 10.​
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VentMedic said:
When there is a controlled substance involved, including marijuana, or excessive alcohol use the state does not have to wait for a conviction to determine if your license should be in question.

If you look at Michigan's statutes for disciplinary action, you will find it states something very close to that as well as that for a conviction.

Even if you beat a drug conviction with a smooth attorney that does not mean you will not have to answer to the state or an employer and drug testing may be in your future. Do you honestly want more people in EMS or any health care profession taking care of patients, especially if you are their partner, who might have bigger issues than just getting arrested? We have several in all health care professions who have not been convicted but must still answer for their actions if it pertains to substance abuse.

For illustration of this I will use California but this time as a good example. After that state came under criticism for being too lenient and lax at enforcement of disciplinary actions, they decided it was time to establish some guidelines. Unfortunately, as just guidelines, the counties and medical directors can still make up their own rules like allowing a convicted child killer get an EMT cert.

http://www.emsa.ca.gov/about/files/EMT2010/Ch6DisciplineGuidelinesApprovedByEMSComm.pdf

​
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I'm sure you know best. My information for here comes straight from the licensing agency but, some people seem to know more about the law than those who create them. The young man needs to seek a lawyer's advice, not a forum's.
 
rescue99 said:
I'm sure you know best. My information for here comes straight from the licensing agency but, some people seem to know more about the law than those who create them. The young man needs to seek a lawyer's advice, not a forum's.
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Read your statutes or state's regulations. You should be familiar with these as a licensed EMT or Paramedic. One should know what their responsibility is if they hold a license in the health care professions. This also includes an EMT certification.

You do not need a law degree for that.

Do you not know it is frowned upon for an EMT(P) to be in possession of an illegal controlled substance for personal use? Maybe if you read the statutes you would know this.

And, I have NOT once stated he should not seek out an attorney but I pity the attorney who gets someone as a client who is clueless about his responsibility as it pertains to his own profession and certification.

While this person should get his life straightened out legally, do we really need to justify his actions as being acceptable in EMS? He did not deny driving drunk or having the marijuana. He already has an EMT cert and should know a little about the responsibility of having a certification or license issued by a state.
 
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VentMedic said:
Read your statutes or state's regulations. You should be familiar with these as a licensed EMT or Paramedic. One should know what their responsibility is if they hold a license in the health care professions. This also includes an EMT certification.

You do not need a law degree for that.

Do you not know it is frowned upon for an EMT(P) to be in possession of an illegal controlled substance for personal use? Maybe if you read the statutes you would know this.

And, I have NOT once stated he should not seek out an attorney but I pity the attorney who gets someone as a client who is clueless about his responsibility as it pertains to his own profession and certification.

While this person should get his life straightened out legally, do we really need to justify his actions as being acceptable in EMS? He did not deny driving drunk or having the marijuana. He already has an EMT cert and should know a little about the responsibility of having a certification or license issued by a state.
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We are a country of laws and our constitution guarentees our rights. Drunks and druggies have no place in my personal life for reasons that are personal to me alone. On the other hand, I don't write the law, I respect the law. If the law says turn yourself in then follow the law. If it says turn yourself in under some condidtions and not others until and unless there is a conviction...follow that law. Knowing what to do when someone doesn't understand the laws in his/her location is pretty simple. Seek legal advise. My personal opinion is neither here nor there.

I am American. While I may not agree with our system completely, I do repsect it. Without the Constitution and laws which protect us and our rights, we'd be...well, we'd be just another 3rd world nation.
 
rescue99 said:
We are a country of laws and our constitution guarentees our rights. Drunks and druggies have no place in my personal life for reasons that are personal to me alone. On the other hand, I don't write the law, I respect the law. If the law says turn yourself in then follow the law. If it says turn yourself in under some condidtions and not others until and unless there is a conviction...follow that law. Knowing what to do when someone doesn't understand the laws in his/her location is pretty simple. Seek legal advise. My personal opinion is neither here nor there.

I am American. While I may not agree with our system completely, I do repsect it. Without the Constitution and laws which protect us and our rights, we'd be...well, we'd be just another 3rd world nation.
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Read your statutes. If you are caught with illegal drugs as a licensed health care professional, you will not always be able to claim ignorance or "right as an American" to do drugs stuff.

You do not need to be arrested and convicted if your employer gives you a random drug test. Your employer will more than likely turn you over to the state licensing board to determine your discipline.
 
:deadhorse:
VentMedic said:
Read your statutes. If you are caught with illegal drugs as a licensed health care professional, you will not always be able to claim ignorance or "right as an American" to do drugs stuff.

You do not need to be arrested and convicted if your employer gives you a random drug test. Your employer will more than likely turn you over to the state licensing board to determine your discipline.
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:deadhorse:
 
Here's another example, taken from the WA state application (http://www.doh.wa.gov/hsqa/emstrauma/initcert.htm)

2. Do you currently use chemical substance(s) in any way which impair or limit your ability to practice your profession with reasonable skill and safety? If yes, please explain.

“Currently” means within the past two years.

“Chemical substances” include alcohol, drugs, or medications, whether taken legally or illegally.
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and on the very next page
4. Are you currently engaged in the illegal use of controlled substances?

“Currently” means within the past two years.

Illegal use of controlled substances is the use of controlled substances (e.g., heroin, cocaine) not obtained legally or taken according to the directions of a licensed health care practitioner.

Note: If you answer “yes” to any of the remaining questions, provide an explanation and certified copies of all judgments, decisions, orders, agreements and surrenders. The department does criminal background checks on all applicants.

5. Have you ever been convicted, entered a plea of guilty, no contest, or a similar plea, or had prosecution or a sentence deferred or suspended as an adult or juvenile, in Washington or another state or jurisdiction?

Note: If you answered yes, you must send certified copies of all court documents related to your criminal history with your application. If you do not provide the documents, your application is incomplete and your application will not be considered.

To protect the public, the department considers criminal history. A criminal history may not automatically bar you from obtaining a credential. However, failure to report criminal history may result in extra cost to you and the application may be delayed or denied.

6. Have you ever been found in any civil, administrative or criminal proceeding to have:
a. Possessed, used, prescribed for use, or distributed controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes?
b. Diverted controlled substances or legend drugs?
c. Violated any drug law?
d. Prescribed controlled substances for yourself?
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So you don't even have to be convicted to have it affect your certification.
 
My advice is that you have three things to examine.
The deficiencies in your personal life that resulted in such incredibly bad decision making and judgment and have resulted in an apparentent attitude towards these troubles that's short on responsibility and high on seeking work-arounds.

Two, seek a lawyer.

Three, what you'd like to do instead of EMS that doesn't require a clean criminal and driving record.

You may find answers to these problems hard to find on the internet. I imagine I'm not alone in having to exercise significant restraint in responding to this.

I'll leave my contribution at that.
 
You are now marked with the scarlet letter "M"!

The degree to which it is really important to you to do this work will determine how hard you fight for it, and it will be a fight. If you're not really motivated, you'll do something else and that's good for everyone and is far better than, what it sounds like, which is you're looking for an easy way out.

I started my career in EMS with a felony ("Attempted" sale of a dangerous drug 4th degree - marijuana). I had just gotten out of NYC jail system and wanted to volunteer on a local ambulance corps (EMT). I was honest; they did not accept me, I fought, they let me in. Same thing with Ambulance service in FL. Same thing with paramedic school there. Same thing with transferring from FL to CA, only in CA I had to go through one of the members of the State Senate to make it through -- and this after having had 5 spotless years experience as a paramedic.

For me, it was simple, if I backed down I'd end up backing down to anyone for anything for the rest of my life. I decided I'd not allow a bone-head action by a 22 yo interfere with his dedication to a career. It doesn't matter that this was the 70's and 80's and that yours is not quite a felony; now you may be under just as much pressure as was I, and with a DUI as icing on the cake, I'd say to you "Come back in a year after you've shown you can stay out of trouble. There's enough of that abuse going on secretly, why would I invest in someone with a clear mark of such behavior?"

Are you ready to accept the natural consequences of your actions? If so -- and it won't only be with EMS -- there are some things you will have to start overcoming; Number One is the Majic Question; "Have you ever been __________ of a __________."

I wish you well.
 
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Bad Choices will forever haunt you. I know we were told that even a speeding ticket could throw you in the application process. We were explained like this: For where I live there are hundreds of applications for a handfull of openings. They said one of the way to sort through the applications is to go through drivers abstracts and criminal records. Anyone that has either, gets tossed. At the end of the day, this is a competitive career and they don't NEED you; you need them.

I personally think if convicted, you just screwed yourself good. What were you seriously thinking!?
 
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