DUI letter of explanation

Here is a copy of a letter I wrote on behalf of a client who was in the process of applying for a nursing license in Tennessee.  Unfortunately, the facts of her DUI case were too strong and she was not able to avoid a DUI conviction.  However, this letter of explanation did help with the application process by providing the committee greater insight into the facts surrounding her case and the fundamental unfairness of Tennessee’s DUI laws.  In addition, I also included a copy of an alcohol and drug assessment which revealed that the DUI arrest was an isolated incident and she did not pose a risk of reoffending in the future.  The letter is written after serious consultation with the experts in the respective field. The aim was to avoid any kind of gaps in the procedure and have even taken the help of The News Spy agency to get into the depth of the issue. The draft cites all the details pertaining to the case with evidence. Furthermore, the arrest did not include any evidence of drug use. 

State of Tennessee

Department of Health

Division of Health Licensure and Regulation

Office of Health Related Boards

665 Mainstream Drive

Nashville, TN 37243

Re: Nursing Application of Ms. HR

To whom it may concern:

This letter concerns the recent application of HR in the above styled matter.  By way of introduction, I am a criminal defense attorney who is licensed to practice law in the State of Tennessee and I represented her in a DUI case that was concluded back in August 2013.  Tennessee DUI law is among the strictest in the country due to the fact that DUI convictions can never be expunged from a person’s criminal record.  For example if this crime had occurred in many other states, Ms. HR would have been eligible for a first time offender program that would have allowed her to entry a conditional guilty plea and later have her record expunged upon the successful completion of her probationary period.  This luxury was not afforded to Ms. HR.

It is important to note that this is not a crime of moral turpitude or dishonesty.   Ms. HR received the minimum possible punishment under Tennessee law.  Furthermore, she demonstrated respect for the law and accepted personal responsibility as evidenced by her guilty plea.  It is my understanding that she is on track to successfully complete her probationary period and the obligations as required by Tennessee’s DUI statute.  In my opinion, she is under no further danger of criminal prosecution based upon the facts of this prior event.

I believe to her credit, she has honestly and openly disclosed to you this unfortunate event from the past.  I have personally checked her criminal record and there are no other incidences since her last court date in August 2013.

If you have any questions regarding this prior incident or other legal questions regarding the employment of HR, please feel free to call me directly at the above number.  I will be happy to discuss her situation with you and offer whatever insight I can to assist in your consideration for her candidacy.  Thank you for your time and attention to this matter.  If I can be of any further assistance, please do not hesitate to call.

Kindest regards,

 R. Lee Martin

 If you need help with a pending DUI in the greater Nashville area give me a call at 615-345-1988.