Dr Jan’s Blog Novel-Correcting the Record

It is not my way to share personal things. It is not so much that I am shy, or have anything to hide, I don’t (and certainly not now, everything is out there). I am just not one for small talk. And I will not use three words where one will do.

I am much more likely to search for the principle and motive behind the words, than simply focus on the words themselves. What exactly does he mean is how I think, and why?  I believe in the law of identity, and the words I use mean what they mean. There is no underlying, hidden meaning. But (and make no mistake about it) Harvey Levin and TMZ made this personal and as such requires some clarification on my part of personal issues.

Back to our story:

Then Harvey Levin and TMZ also reported (correctly, I might add) that I had had “more than one DUI arrest”. I’m not sure this had anything to do with Donda West’s surgery either, unless Harvey and TMZ were willing to offer proof that I, or one of my staff, were drunk the day of surgery (which of course is absurd; they wouldn’t and couldn’t). The first DUI occurred in September of 2002 (09/06/02) and the second occurred in March of 2006 (03/31/06) both more than two years earlier than Harvey attempted to make it an issue.

In the first instance, I was leaving a restaurant after having dinner with my attorney, and in the second I had taken a friend out to dinner for his birthday. In both instances I was wrong, period. I did have alcohol on both occasions (though I was far from drunk) and did get behind the wheel to drive home. Furthermore, having put a lot of serious thought into the matter, I have come to put things in a perspective that is a lot clearer than even the authorities want to deal with. There is no need to play “Russian Roulette” with the idea of whether I had one or two drinks, or whether I am at 0.07 or 0.09. Why even get involved in the game? Don’t drive period if you’ve had any alcohol (and if you really want to win, don’t ever take up the habit of drinking).

I have also come to believe that the crime is in putting other people in jeopardy, regardless of how much one may or may not have consumed. Clearly, alcohol, any alcohol, in your system slows your reflexes and that could never be good. My suggestion: don’t focus on whether you believe after drinking that you are okay to drive; focus on the idea that you do not wish to put your fellow citizens at risk for injury. If you can’t do it for yourself, do it for them. That is my posture and that is it.

In the first instance unfortunately, my blood alcohol level (BAL) was never measured. I had blown into the breath analyzer five (5) times and it had failed to get a reading. I was cited because I refused a blood test after the five attempts. I had told the officer prior to heading to the station that I hadn’t been drinking four more than three hours and that I had had a beer with dinner. I will also point out that it was I who suggested the test and not the officer. There was no way I was going to be greater than 0.08. When nothing registered he panicked and called his supervisor.

In the second incident, my BAL was 0.09. In fact, in the second instance, a jury trial, the jury found me not guilty of DUI. I was convicted for being above 0.08 BAL. For the record though, if a problem drinker blows 0.09, he’s not on the way home; he’s on his way out to drink.

These incidences occurred years before I even met Donda West, and frankly had nothing to do with her surgery. This was mean spirited innuendo on the part of TMZ and Harvey Levin. They were telling less than half the story. They were compressing a lifetime into thirty second sound bites and suggesting that it had all happened yesterday. What they weren’t telling (because Harvey didn’t have that conversation with me that he had been using to get in the front door with every body else) was that after the second DUI, I decided to take a cold hard look at myself. Wynn Katz, one of my closes friends, thought that I had gone completely crazy. I argued that before I chalk this up to the police harassing another black guy driving around Beverly Hills at night, I would take a look at myself.

I contacted the Medical Board of California, Diversion Program Services, told them my situation, and arranged for an interview.  I met in Diamond Bar, California, with a Mr. Bernard Karmatz, M.S., LMFT. We filled out the necessary paper work and I consented to their agreement during the evaluation process figure 9. I also received confirmation of our meeting in a letter from Mr. Karmatz figure10 .

(Yet, from the beginning, there were already shenanigans on the part of an agent for the Medical Board of California. If you look closely at the Agreement, During Evaluation Process, Self-Referral you see that it is dated 12/14/06. However, Mr. Karmatz’s Personal and Confidential letter forwarded to me is dated October, 10, 2006, two months earlier than what actually occurred. At first I thought this was an innocent mistake on his part, but Mr. Karmatz, over time, proved he was less than genuine and that his actions may have been by design. He wanted our interaction to appear months before in order to justify his abuse of power that was to follow.)  

In his response, Mr. Karmatz states that he had “reviewed the case with Diversion Administration in Sacramento” and “they are directing” me “to stop (my) medical practice by the end of the regular business day on December 15, 2006”. None of that was true. It was Mr. Karmatz acting independently, and more importantly, abusing power. Furthermore, to stop a medical practice the next day is not only absurd it is impossible. (That’s why he predated his letter. He wanted it to appear that we had talked two months earlier than we actually did. That way his “request” seems reasonable.) What did he expect to do with patients post surgeries who were expecting to see their doctor?

In fact I didn’t receive his letter until December 17, 2006.

I contacted the Medical Board in Sacramento after receiving Karmatz’s letter to explain the situation. Frank Valine, director of the Diversion Program, agreed that Karmatz was a “little unreasonable” and that more time was needed to accomplish those things. I also pointed out that there were no complaints against me. I had been the one to volunteer for my own edification. Furthermore that neither now nor throughout my license history, that is the the past 13 years, had there been any complaints, none, where substance abuse had been suggested by a colleague or a patient.

I also, once again, reiterated that I had volunteered for the evaluation.

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