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Nathan Mubasher
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Nathan Mubasher’s Answers

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  • I printed my name on a notice to appear. Cop wanted what was on my license. Did he delay the stop?

    I printed my name on the notice to appear. The cop demanded I sign like it is on my license. I asked where in the code it states my signature must match my license and he couldn't answer. A backup officer said she knew the answer but also could...

    Nathan’s Answer

    This case is interesting because had you refused to sign outright, the outcome could have been very different, but you did identify yourself for the notice to appear. A notice to appear is an interesting creature, in that it is not a verified complaint (even if it alleges it is one by the judicial council (separation of powers?)), yet you are still asked to plead guilty or not guilty to it at a later arraignment, even though it's just a notice to appear, not a notice to plead. It was not prepared by a prosecutor's office, and most judges in traffic court, since they are commissioners only, and not elected or appointed by the people or the executive branch, cannot under the government code, sua sponte verify a complaint by transmuting the notice to appear before their court. So given all the holes in a notice to appear to begin with, I'm not sure you being asked to sign it in a specific manner by an officer may have been at all appropriate since officers certainly aren't in the business of perfecting the verifying of complaints. Their job is to ask you to sign and if you do great, and if you don't, well then they have other enforcement mechanisms. But again, perfecting of the signature? I don't think so.

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  • RN with a second DUI -- got a letter I don't understand. Do I need a lawyer now?

    I'm an RN in California. I recently (last month) was convicted of my second DUI. My first DUI was in 2007. I got my license back in 2009 and have never had a problem with the BRN. I just got a letter in the mail offering "diversion." ...

    Nathan’s Answer

    A second DUI may reveal a substance abuse problem. You may benefit from diversion. On the other hand, diversion can be costly, and even detrimental to someone who say, has mental afflictions other than substance abuse problems. The issue is not whether to respond or not as many may have assumed, but rather, to have the assistance of counsel to help you determine if Maximus is appropriate for you in your specific situation. It may or may not be depending on your specific facts. A proper response to the diversion offer, if any, can be constructed after such an assessment has been made with counsel's advice.

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  • Can i sue my counselor and the rehab treatment center?

    I was a client at a rehabilitation center and was assigned to a male counselor since they didn't have any female counselors. I developed a close relationship with him and other clients in the facility had seen me hop in his car and reported it to ...

    Nathan’s Answer

    The fact you were seen hopping into this car and chose to follow him to another treatment center and called him and allowed him to pick you up are concerning. The fact you woke up to being touched is also concerning. However such facts alone are not enough for any attorney to accurately give their opinion. You should contact counsel in person or over the phone for a proper consultation after a thorough review of facts.

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  • Is this in violation of HIPPA?

    A medical facility I visited in January for my son has been sending bills to the wrong address. I have called in 7 times and advised them to stop and I informed them of my address. They said they changed it in their system as I have not received a...

    Nathan’s Answer

    There may be nominal damages of around $1,000 for each violation. The law does not differentiate between medical information of a minor and an adult unfortunately. Also, without proving further damages, the case may not be worth it for counsel to pursue.

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  • RN charged with DUI. If charges are reduced to reckless driving, how will that affect my license?

    I was pulled over going around a turnabout, and had drank 2-3 cups of beer, the last one being about 1.5 hours prior to driving. After passing the field sobriety test, I was asked to perform a breathalyzer, which resulted in 0.122%, and 2 minutes ...

    Nathan’s Answer

    Alcohol consumption has been determined by our courts in California to be connected to fitness as a health care professional. A conviction to a lesser crime, that of "wet reckless" even if possible, will not necessarily change the BRN's analysis since the event is so fresh. Their analysis will depend on how you approach queries from the BRN. For the BRN, this is not just a matter of what you get convicted of. This is a matter of what they feel may be a substance abuse problem, and one that possibly endangers the public in a health setting as much as it does on the roads. Correspondence with the BRN is best done with qualified counsel overseeing your declarations.

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  • Can you file a malpractice suit against a LMFT, who wasn't actually licensed legally failed to follow basic rules or laws?

    He was retained by me, per court order to theraputically supervise a minimum of 6 visits for my daughter and her felon repeat offender dad. We were to come back and all revisit with therapists input. The previous 5 orders required Pro.Sup Visitati...

    Nathan’s Answer

    How did you confirm LMFT was not licensed?

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  • Can a Nurse Practitioner refuse to give prescription for birth control because of personal and religious beliefs?

    My 21 year old daughter needed a prescription, she is in now in the Philippines until November 18, 2015 without her prescription.

    Nathan’s Answer

    Assuming the NP could safely and validly prescribe, why wasn't an alternative prescription source sought? California is saturated with clinics that offer free birth control. She is also still free to obtain such a prescription overseas under qualified medical authority.

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  • Who can review or give guidelines for a letter to submit to bvnpt regarding nursing licensure if I have two duis

    I have two dui's and need someone to give me a guideline or review the letter that I am going to submit to licensing board

    Nathan’s Answer

    Such correspondence is very sensitive, and requires a skilled balance between acknowledging mistake and evidence of rehabilitation (if any). Has legal action been taken against your license? Have you already completed court action on both DUI's? Have you received so called California expungement?

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  • I purchased a medical database through a financing agreement with the bank. How can I get out of it?

    The medical database is essentially off the grid, and has a ton of issues. The owners of that database now have my patient files and won't release them to me unless I pay. The bank says its an independent middle man and has nothing to do with th...

    Nathan’s Answer

    A diligent and persistent attorney could communicate with the Korean company's counsel, or even US diplomats to figure out what's going on, with you potentially getting an "off the grid" solution to something that can cost you much more than you put in.

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  • Do I need to disclose felony as a minor for licensing? (Physical therapy Boards) and how will it affect my licensing

    Hi, I have just completed my physical therapy education and will take my state licensing exam in 3 months. I am now 30 years old. When I was 15 i was convicted of a felony and tried as an adult for a 211 (wrong place wrong time). Through...

    Nathan’s Answer

    I will weigh in briefly only to add to the excellent answers of my colleagues that touch on post conviction relief and juvenile record interpretation. I would encourage you to sharpen your focus on rehabilitation since you mention "convictions" which may demonstrate a pattern of flouting the law. A robbery at 15 with you treated as an adult for conviction purposes is a steep hill to climb even if it was over a decade ago. It will be that much more important to paint a picture that this was an isolated episode, and if you have other issues in your background, it'll be that much more important to obtain counsel to assist you in how you approach the application. Coming here was a good step and shows you are genuinely interested in taking the time to demonstrate to the agency that you plan on contributing positively to society.

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