Legal Question in Appeals and Writs in Louisiana

I am a captain on a crewboat was recently fired. There was a called placed to harbor patrol that the two catains had marjuani on the motor vessel Capt Cody so me and my other captain was searched they found nothing and left . They came back about fourty five minutes later saying there was another anonomus called that they didn't search the boat good enough so they came back and searched our rooms and personal belongings found nothing searched the engine room left. The harbor police went tell the company we was working for in fouchon La, the company is Fourchon Launch Service, that they found two marjuani roaches in the engine room i didn't know this when i left. But before they left they told me coast guard was on the way and our company had a representive coming down to talk to us so when harbor police left I left the vessel. So my question is can coast guard strip of my captain licsence, the coast guard said since i left it was like a refusel of a drug screen, can they take my licsence . Please respond back my career is at risk . Thank You

Nicholas White


Asked on 11/23/09, 11:49 pm

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Dear Captain White,

I would assume by now that you have already obtained legal

counsel to represent you and/or that you have taken care of

this matter successfully. However, it does appear to me that

from what you state here that you did nothing wrong, especially

since when the first crew of coast guard left, they did not ask

you to wait to be given a drug test. It appears from what you

said that you had the right to leave the vessel. Of course, you

know what the rules are as to when and when not a captain such

as yourself is entitled to depart from the vessel. From the facts

you have stated in your question, legally you should not be stripped

of your license. If you will e-mail me your phone number at

my e-mail address of [email protected], I will attempt

to reach you by phone and discuss this matter further with you.

Incidentally, there will be no charge; as I am now retired from

the practice of law--after 41 years of active practice--but I still love

working with the law and doing what I can to help people with their

legal problems. I was oncea deckhand aboard the M/V. ELLEN H,

owned by Hawkins Towing and Barging Company of Beaumont,

plying the waters and pushing oil barges between Buras, LA,

and Corpus Christi, TX. What a sumer, while I was in law school

back in the middle 1960s! Best of luck! We'll say a prayer that

you do not lose your license. Keep up the good work!

Looking forward to hearing from you, I am

Sincerely,

Hardy Parkerson, J.D.

Retired Lawyer

127 Greenway Street

Lake Charles, LA 70601

[email protected]

Read more
Answered on 12/06/09, 7:54 pm


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