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Nathan L Webb
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Nathan Webb’s Answers

52 total

  • What is the SOL for a DUI if the person skips bail and goes to another state?

    Eighteen year old arrested for DUI in March. Court date set for June. Then in April, he was arrested for another DUI. He called a bail bondsman both times and was bailed out. He is now threatening to fail to appear in court (in two days) and l...

    Nathan’s Answer

    If the person skips bail, then there is no statute of limitations on the case. The failure to appear prevents any statute of limitation defense. In Washington, a misdemeanor offense for DUI must be filed in two years from the date of arrest. The court is NOT going to forgive him for running away and may penalize him further. Your friend needs to face the music and have counsel present with him at all hearings. Good luck!

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  • Can my son recieve an underage as a pasenger if the driver blew a 0.

    My son asked his friend who had nothing to drink to drive his car. He was pulled over for a headlight that was out. The officer first gave the driver a breathalyzer, he blew a 0 and my son then blew after him and was over. Is the officer allowed t...

    Nathan’s Answer

    Your son may face a possible Minor in Possession charge, however, in Washington the officer really has no right to question the passenger in a vehicle, especially if he wasn't suspected of any criminal activity. The officer also needed reasonable suspicion to stop and investigate the driver. It would be wise to consult with counsel regarding your son's situation.

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  • Procedure for Warrant?

    If a defendant fails to appear for DUI arraignment, I assume a warrant will be issued. My question is, what happens then? Will the police come to their house to pick them up? Will they be notified by mail to turn themselves in? Or will they only b...

    Nathan’s Answer

    If a defendant fails to appear for a DUI arraignment, a warrant may be issued. However, the court will need to confirm the summons to appear was sent to the correct address. In addition if you were out of the country and had the foresight to retain an attorney, that attorney may be able to explain to the court your absence and have the court merely not an FTA (failure to appear).

    The police, in all likelihood will not come to your home to pick you up on a DUI warrant, but you will most likely be arrested if you are stopped for another violation. You probably won't be notified by mail, the courts aren't that concerned about your warrant status. You can call the court and find the status of your case.

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  • Driver license suspended in GA, need to get them reinstated in WA

    My drivers license were revoked in Ga, for 5 yrs ( 3 DUI's in 5 yr period ). It has been over 6 yrs. since this happened. I now live in Wa. and I am wondering; How can I get my drivers license in Wa? I was informed from DDS in Ga, that I must atte...

    Nathan’s Answer

    First, you need to try and obtain a license in Washington since DOL did not impose these conditions, GA did. However, be aware that there is an interstate compact agreement which most states adhere to, i.e. if you were suspended in GA, then you will probably be denied here in WA, but it doesn't hurt to try. If you are denied here in WA, then you should contact a GA attorney familiar with the DDS for assistance.

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  • Arrest record

    How long Does a record of arrest for a traffic violation with DUI remain on ones record?

    Nathan’s Answer

    Unfortunately, a DUI conviction will remain on your record forever; however, from your question it appears that your DUI has not been adjudicated fully. If your DUI is reduced to a lesser criminal offense then for sentencing purposes it will affect you for seven years. If your DUI is dismissed, you can move to have that non-conviction data removed from the court's record. Caveat: the WSP, prosecutor's and judges will always refer to your record, even if it didn't result in a conviction at all.

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  • How can I get my license back quicker?

    Why is it that an Alcohol Dependant can get their license back sooner than an Alcohol abuser? Isn't the dependant more likely to get behind the wheel again and drive drunk? I've been labeled an abuser w/ my 2nd DWS2 & last driving offence in Octob...

    Nathan’s Answer

    Be careful of the stay hearing, if you violate it with any type of offense, then you are in deep trouble (i.e. a very long suspension). You should ask the DOL if you are eligible for an Occupational Restricted License or as of January 1, 2009 an Ignition Interlock License. These two options are your only alternatives at this point from what I can gather from your question.

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  • DUI

    I was resentenced on 2/13/04 when I lost my deferred. I found a paper in my old papers and it is the sentence and judgment form from the 2/13/04 resentencing. All the areas about paying for probation are crossed out by the judge, and she signed ...

    Nathan’s Answer

    Review the docket thoroughly, it should have the terms of the judgment and sentence at least summarized for later use. The court should also have a copy of the original j & s. Once this has been reviewed by competent counsel, then it may be necessary for he or she to set a special motions date to address the issue.

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  • Revocation of Drivers License in another state ( GA )

    My Drivers License were revoked in Ga. 6 years ago. They were revoked for 5 yrs. Can I get my license in Wa. although, I have not completed DUI school? Ga Department of Driver's Services informs me that I must complete DUI school, go to Alcohol an...

    Nathan’s Answer

    Well, the easy answer first: just try to go to DOL and apply for a license. If you are denied, then in all likelihood you will have to comply with the terms the Dept. fo Driver's Services set out in GA. If you are unable to obtain a license, you may find it necessary to consult with an attorney in GA who is familiary with driver's services to assist you.

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  • DUI on H1B - US Re-entry Question

    I'm not a citizen of US...i'm here on H1B visa...i got a DUI...got 1 day jail time...court fines...and 1 year of DUI record check probation I have completed everything and currently running on the probation. My question is...can i leave the coun...

    Nathan’s Answer

    Typically the US won't deny an individual entry into the country based upon a DUI conviction solely. Mr. Rands is correct in that you need to check your application and Visa itself with respect to revocation due to criminal convictions.

    In all likelihood, as long as this is your only conviction, you will not be precluded from travel outside of the country while on probation.

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  • Dui and driving on suspended

    I got this charge in 02. My probation said needed a alcohol eval. I went to the inpatient treatment center...Pioneer center north and spent 3 months inpatient treatment. I go back to my probation and she wanted another eval....and I told her I jus...

    Nathan’s Answer

    Unfortunately it appears as if you are having communication problems with probation and the court. You are correct to ask this question to a bunch of lawyers, but it is highly advised that you retain one of them to assist you with this matter. Unrepresented, or "pro se," individuals are always at a disadvantage when dealing with the court system and probation. My advice is to obtain competent counsel.

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