Misdemeanor issue

[iamnotacrook1]

I'm freaking out a little right now but I'm not sure if I should be or not.

This past weekend I was tailgating a football game and got cited for "open intoxicant in a public area", which is a class C misdemeanor (lowest class). I already went to court, and got it changed to a civil infraction (blocking the sidewalk)...meaning I maintain my clean record.

I was looking at pharmacy license applications online-- specifically for Michigan--and they ask if one has been convicted of a felony or misdemeanor.. which I haven't (thus I'd answer no). I'm still worried that this could still some how bite me in the butt 3 or 4 years from now when I either try to go on rotations, or try to get my pharmacy license.

Has anybody dealt with this sort of thing? I also don't think I was technically "arrested", they just handed me a ticket at the time (they were handing them out like candy), and it was the only problem I've had with the law... again, it is not on my record but I'm still worried cause I've never been through this sort of thing.

Any type of help or advice would be great.

Thanks!

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[garfieldlouie7997]

I'm in the same boat! I was with a friend, he was driving, got pulled over and got a DUI. The police offered to let me drive his car so he didn't have to pay the impound but my license had expired (by four days!!) and I didn't realize that. So I'm sitting in the driver seat, and the cop writes me a ticket for driving on expired then impounded the car anyways! I wasn't arrested, only ticketed... I went to court, had it reduced, and paid a $50 fine. Anyways, I'm in school and got a notice to appear to my BOP and they denied my intern license so now I'm getting kicked out of school. I'd call your BOP and ask before getting into my situation best of luck

 

[northeast-southwest]

You guys are both fine. It will not be on your records.

 

[297point1]

I also don't think I was technically "arrested", they just handed me a ticket at the time (they were handing them out like candy), and it was the only problem I've had with the law... again, it is not on my record but I'm still worried cause I've never been through this sort of thing.

Seeing as how this took place in a public venue, were you placed in cuffs or restraints? Were you read your Miranda rights? If not, you were never arrested. This is important, because some states ask if you've ever been arrested (regardless of conviction, diversion program, or innocence); if you check yes, you need to explain what took place and it raises all sorts of red flags - even if you never were convicted of a felony or misdemeanor.

 

[297point1]

I'm in the same boat! I was with a friend, he was driving, got pulled over and got a DUI. The police offered to let me drive his car so he didn't have to pay the impound but my license had expired (by four days!!) and I didn't realize that. So I'm sitting in the driver seat, and the cop writes me a ticket for driving on expired then impounded the car anyways! I wasn't arrested, only ticketed... I went to court, had it reduced, and paid a $50 fine. Anyways, I'm in school and got a notice to appear to my BOP and they denied my intern license so now I'm getting kicked out of school. I'd call your BOP and ask before getting into my situation best of luck

Is this for real- driving with an expired license [and nothing else] got your intern license denied and you kicked out of school?

If so, seems to me you have a high chance of success should you appeal the decision. Start with the BOP, and time to get a lawyer.

 

[iamnotacrook1]

Seeing as how this took place in a public venue, were you placed in cuffs or restraints? Were you read your Miranda rights? If not, you were never arrested. This is important, because some states ask if you've ever been arrested (regardless of conviction, diversion program, or innocence); if you check yes, you need to explain what took place and it raises all sorts of red flags - even if you never were convicted of a felony or misdemeanor.

No I wasn't placed in cuffs or read my miranda rights or anything. It was literally me walking to a a football game, a cop stopped me (as they did hundreds of people that day), got my info and handed me a ticket (which said it was a misdemeanor). I went to court ASAP and they had me sign some papers which pretty much said I get my misdemeanor thrown out but they added a civil infraction for "blocking the sidewalk", which is equivalent to a traffic ticket and I had to pay a fine (less than $200). The whole court process took no more than 30 minutes (and most of it was pulling up my record to make sure it was clean.

 

[297point1]

No I wasn't placed in cuffs or read my miranda rights or anything. It was literally me walking to a a football game, a cop stopped me (as they did hundreds of people that day), got my info and handed me a ticket (which said it was a misdemeanor). I went to court ASAP and they had me sign some papers which pretty much said I get my misdemeanor thrown out but they added a civil infraction for "blocking the sidewalk", which is equivalent to a traffic ticket and I had to pay a fine (less than $200). The whole court process took no more than 30 minutes (and most of it was pulling up my record to make sure it was clean.

Then I believe you are good to go when it comes to your Michigan license application.

Good luck.

 

[iamnotacrook1]

Then I believe you are good to go when it comes to your Michigan license application.

Good luck.

Thank you

Hopefully things work out!

 

[garfieldlouie7997]

Is this for real- driving with an expired license [and nothing else] got your intern license denied and you kicked out of school?

If so, seems to me you have a high chance of success should you appeal the decision. Start with the BOP, and time to get a lawyer.

It happened in Florida, I had an expired Kentucky driver license. The BOP said I lied on my application bc in Florida driving on expired is a charge. I was never read Miranda rights, but on my intern license application I never filled in anything for charges. They said dishonesty isn't tolerated. Without an intern license I can't be in my program. I have hired a lawyer, and I'm obviously upset. I hope your situation turns out better than mine OP

 

[297point1]

I'm in the same boat! I was with a friend, he was driving, got pulled over and got a DUI. The police offered to let me drive his car so he didn't have to pay the impound but my license had expired (by four days!!) and I didn't realize that. So I'm sitting in the driver seat, and the cop writes me a ticket for driving on expired then impounded the car anyways! I wasn't arrested, only ticketed... I went to court, had it reduced, and paid a $50 fine. Anyways, I'm in school and got a notice to appear to my BOP and they denied my intern license so now I'm getting kicked out of school. I'd call your BOP and ask before getting into my situation best of luck

Reading your initial post again, it seems like you can make a successful argument for entrapment. I am a firm supporter of law enforcement, but this sounds fishy.

When your friend was arrested, did the officer check your ID (a routine act when making an arrest- checking other vehicle occupants for outstanding warrants) prior to offering to let you drive the car? It is not impossible (dare I say probable?) that the officer noted your expired license, offered to let you drive, only to then snag you for the expired license citation. He/she just collected an additional fine for the municipality (two for one!), the tow truck driver still gets paid...everybody wins. Except for you.

Regardless, you should not get kicked out of pharmacy school for this. Fight it, and if all else fails, get the heck out of Florida (that's always good advice) and try again elsewhere.

Good luck; do let me know how it turns out for you.

 

[garfieldlouie7997]

Reading your initial post again, it seems like you can make a successful argument for entrapment. I am a firm supporter of law enforcement, but this sounds fishy.

When your friend was arrested, did the officer check your ID (a routine act when making an arrest- checking other vehicle occupants for outstanding warrants) prior to offering to let you drive the car? It is not impossible (dare I say probable?) that the officer noted your expired license, offered to let you drive, only to then snag you for the expired license citation. He/she just collected an additional fine for the municipality (two for one!), the tow truck driver still gets paid...everybody wins. Except for you.

Regardless, you should not get kicked out of pharmacy school for this. Fight it, and if all else fails, get the heck out of Florida (that's always good advice) and try again elsewhere.

Good luck; do let me know how it turns out for you.

I'll see what my lawyer says... This happened in 2007, I might be past statute of limitations? School is giving me until January 31 to clear it up so we shall see what happens. I'll keep you updated! Moral of the story OP is be totally 100% honest, you don't want something tiny biting you in the butt! Another thing I learned - anything a cop writes a ticket for, if you can be arrested for it (even if you don't get arrested) it is considered a charge. Let that be a beacon of light guiding what to put on your application.

 

[297point1]

I'll see what my lawyer says... This happened in 2007, I might be past statute of limitations?

Statute of limitations deals with how long can pass between committing a crime and being held accountable for it through the criminal court system. This is not statute of limitations- it is whether or not too long has passed for you to appeal the citation. (My guess is that it is.)

Another thing I learned - anything a cop writes a ticket for, if you can be arrested for it (even if you don't get arrested) it is considered a charge.

I'm guessing this is a distinction that varies by state by state. If local Deputy Cletus can immediately put you in the municipal jail after pulling you over for speeding, and keep you there until you pay your fine (something that happened to my grandfather somewhere in south Georgia back in the day), I suppose anything is possible.