Skip to main content
Nathan L Webb
Avvo
Pro

Nathan Webb’s Answers

52 total


  • What is the likelihood of a DUI getting dropped?

    It is my second offense and I am on dosa what is the likelihood of my DUI getting dropped to a negilant driving or wreckless driving I blew .015. Will my dosa get revoked my po hasn't violated me.

    Nathan’s Answer

    First it is absolutely necessary to know if you mean .015 or .15. There is a huge difference there, I assume you mean .15 as it would be unlikely (not unheard of) for the State to file a case wherein that low of breath test was measured on someone over 21.

    Also, it is necessary to know whether your first offense was within 7 years or outside of seven years because if it is within 7 years and your charge occurred in King County, it is extremely unlikely your case will be reduced unless there is a significant evidentiary issue. Even if your prior is outside of seven years it will be very unlikely you will obtain a negligent driving or reckless driving without a huge evidentiary problem for the government. You may want to explore the possibility of a deferred prosecution, but you need to consult with an experienced DUI attorney and Chemical Dependency Professional before entering into that option.

    It is likely you are going to face some problems regarding your DOSA due to the new alcohol allegation. It is advisable you obtain an experienced DUI lawyer right away. There is also much more information that would be necessary to gather to fully understand your predicament.

    See question 
  • If I got a DUI for marijuana, and I don't pass the drug and alcohol treatment, what will happen in court?

    It's been about three months since the incident. I am just now failing the drug test.

    Nathan’s Answer

    I am not certain you have been found guilty of a Marijuana DUI, have been charged with it, only arrested for or if you are on pre-trial conditions of release but if you don't complete the alcohol/drug treatment as part of the court's sentence the court can impose some of the suspended jail time, subject you to further alcohol/drug treatment, revoke part of the fines or take other actions as part of issuing sanctions.

    It is in your best interests to complete the alcohol drug treatment prescribed by the treatment provider. If you are simply talking about a dirty UA, you would want to be forthcoming with the court about your use of alcohol or marijuana even though you have, ostensibly, been restricted from using.

    See question 
  • Can i beat my DUI

    I was 30 over speed limit on 405 and was driving without incident. Still I was pulled over and even thought I blew 1.2 I dont belive I was doing anything wrong so that the police officer could pull me over. I have no other priors and usually dri...

    Nathan’s Answer

    As my colleagues have echoed, 30 mph over the speed limit is going to get you stopped every time and any judge will find that to be a reasonable basis for the stop. Regardless of when and where you normally drink, if your BAC was .12 it is very difficult to tell you the likelihood of "beating" the DUI. It will take an experienced DUI attorney to sit down with you and ask some more questions to give you an idea of your chances.

    http://www.webbattorney.com

    See question 
  • Is it too late to get a lawyer?

    I got a underage DUI and I just got my court case day and it is on September 9th. My parents wanted to wait until my court case to come to talk to a lawyer, but the court case is in about 10 days. Is it too late to get a lawyer and how long would ...

    Nathan’s Answer

    It's certainly not too late. Many times lawyers are retained the week of a first hearing (arraignment). It's advisable you have an attorney at that first hearing to ensure no conditions out of the ordinary are placed upon you. Keep in mind that from the date of arrest you only have 20 days to request an administrative hearing to challenge the suspension of your license (that telephonic hearing is separate for your upcoming court date). Feel free to contact me to discuss any of your questions.

    See question 
  • On deffered prosecution can i get my interlock device removed

    i have had an interlock device for almost 2 years now i entered the deffered program sept 2 2011 and i have heard there is a way to request it be taken off early. i was court ordered for 1 year. but dol said 5. i have had zero positives blows.

    Nathan’s Answer

    Good for you for complying with the IID requirements and having no positives, I hope your program/treatment is going well. I always tell my clients, it doesn't hurt to ask DOL and the court, all they can say is no, but in this instance I agree fully with the previous couple of answers. The DOL is the agency that controls the imposition of the IID and the length it is required. You can ask, but the chances of having it removed are slim to none.

    See question 
  • In Washington state, can you be cited for operating a boat under the influence if you are at anchor?

    Annual event, Seafair, is a big party. But if I'm anchored can I be cited?

    Nathan’s Answer

    Each case is different, if I were on the boat with you and you were drinking, I would suggest you not get behind the wheel if it is anchored or seat yourself in the captain's chair as you would inevitably draw attention from the numerous patrols. That being said, it would be interesting to me if you were cited while anchored, but you could be cited by these patrols just to give you some trouble and make you go through the process.

    See question 
  • Does a parent of minor child passenger in a DUI have the right to address the court prior to sentencing?

    The defendant is also a parent of the child who was in the car during an accident resulting in a DUI arrest. Does the other parent of the child have a right to address the court prior to sentencing? What is the process for arranging this? Com...

    Nathan’s Answer

    Most judges will allow individuals, especially parents of a minor child to address the court prior to sentencing. Make sure and let the attorney representing your child know of your wishes. I highly doubt the court would deny you the ability to address it. I don't believe the marital status woudl affect the court's decision, but you would want to be sure and not verbally disrespect the court or others while offering your thoughts. Good luck.

    See question 
  • Neg 1 and flying into Canada

    I received a Negligent driving (Neg 1) a couple years ago (2). Now I have an important business trip coming up that will involve flying into Canada. I don't want any issues because I will be traveling on the company jet with the owners. Is th...

    Nathan’s Answer

    The simpliest answer is that it will be a discretionary decision by the border agent. Although a Neg 1 doesn't specifcally prevent your entry into Canada, it would be up to the individual agent to make the decision regarding entry. Just keep in mind, you could be denied entry, so make plans ahead of time in case that happens.

    See question 
  • WA DUI, Secondond offence within 7 year limit

    I got an additional dui 6 yrs 7 months after a prior. There was also just under 40 grams of marijuana, my licence was EXPIRED, not suspended at the time of the arrest. I have had 4 other dui over the course of my life but they are from 1995 or ea...

    Nathan’s Answer

    With four prior DUIs, if you are convicted of this most recent DUI you are in serious jeopardy of having a judge impose the maximum penalty even though given your question it looks like the minimum jail time is 30 or 45 days in jail plus electronic home monitoring/detention. You really really really need the help of an experienced DUI attorney. I would need further information to evaluate your case, i.e. what court is it in, have you completed a Deferred Prosecution previously, etc.

    Feel free to give me a call for a free consultation/case evaluation.

    Webb Law Firm, PLLC
    (425) 398-4323
    www.WashingtonDUIarrest.com

    See question 
  • Does field sobriety test have to be voluntary?

    Parked on side of road due to psngr getting sick. WSP pulls up and asks me to get out of the car. Says he's going to check to see if I was ok to drive after I said I had drank 'earlier' then did test. I apparently failed and was cuffed. Blew 0...

    Nathan’s Answer

    Well, you have a number of issues, but if your attorney is handling the appeal for you, you are probably in good hands. Field sobriety tests (FSTs) are voluntary according to case law; however, surprisingly some judges will say they are not even when the case law is rock solid! These same judges will only entertain a challenge to the admissibility of FSTs if the individual was coerced into taking them or they were taken under duress. When an individual with a badge and a gun tells you to do something, most of us do. Even when the officer says "if you don't take them, you'll be placed under arrest" to some judges this isn't coercion, so good luck, I hope the superior court follows the case law!

    See question