CPA/ACCOUNTANTS CHARGED WITH DUI

DUI CHARGES - CERTIFIED PUBLIC ACCOUNTANTS & ACCOUNTANTS

CERTIFIED PUBLIC ACCOUNTANTS/ACCOUNTANTS CHARGED WITH DUI

Increasingly there are more and more CPA/Accountants facing DUI charges in addition to being charged with other crimes, such as fraud or theft.

Initial applicants and those who hold a CPA license must disclose any conviction for any felony, misdemeanor or even an infraction, excluding minor traffic infractions to the California Board of Accountancy. Because of the reporting requirements, even those convictions that are "expunged" pursuant to Penal Code Section 1203.4 must still be disclosed and can still be used to punish the CPA or CPA Applicant. This makes the need for an experienced attorney extremely important to help save your career. I would be hard-pressed to find any CPA who would advise taxpayers to do their own taxes - the same holds true when it comes to a CPA/Accountant facing DUI charges. If you are a CPA/Accountant facing DUI charges, you need to hire a professional licensing attorney who is familiar dealing with the Board.

CPA/ACCOUNTANT FACING DUI CHARGES

Any CPA, or CPA applicant: must disclose details regarding the arrest, location of arrest, the name of the court, and the details of the violation, sentencing, and any conditions of probation. 

Additional documentation must be furnished upon request by the California Board of Accountancy, which is in charge of discipline for CPAs and even for CPA Applicants. This is not something you want to encounter without the assistance of an experienced lawyer any more than you would suggest to your client that they do their own taxes.

As with other professional licensees, the California Department of Justice notifies the Board of any convictions within 30 days of conviction. Sometimes arrests are reported by virtue of the Live-Scan procedure that cross-references a CPA's license, thus notifying the Board of Accountancy more quickly. Routinely, however, the notification comes upon the entry of a conviction, which makes the need for an attorney that much greater in the event the attorney were to be successful in obtaining a dismissal of the charge.

Upon notification, the Board will typically begin with an inquiry. The inquiry will require a member to disclose the facts and circumstances of the events leading to a conviction and require submission of Court documents and police reports. After an investigation, the Board determines appropriate disciplinary actions depending on the facts and circumstances of any given case.

Discipline can run from no action to either a suspension or revocation of your CPA License. 

(B&P Sections 5000 et seq., and Title 16 of the California Code of Regulations (CCR) sections 1 through 99.1.

If a hearing is required, it will take place before an Administrative Law Judge and the cases are prosecuted by the Attorney General’s office, which only heightens the need for an attorney. The Board has the authority to take action based on a criminal conviction that is substantially related to qualifications, functions or the duties of the licensee. Crimes involving dishonesty, fraud, and/or breach of fiduciary duty; and even assault and battery, domestic violence and terroristic threats to even DUI. Violations of the California Accountancy Act are equally problematic and can lead to additional disciplinary actions.

We make every endeavor to avoid a criminal conviction that could lead to a disciplinary action; but if that is not possible, we will guide you in the best way possible to mitigate any damage to your licensing and your livelihood.

CPA/ACCOUNTANT FACING DUI CHARGES

If you are a CPA/Accountant facing DUI charges and are worried about the California Board of Accountancy taking action against your CPA License, contact Peter F. Iocona, Attorney at Law and the Professional Licensing Attorneys of The SoCal Law Network for a free consultation.