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Nathan L Webb
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Nathan Webb’s Answers

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  • UK HSMP Work Permit on US DUI

    Hi, I have a question on working in UK...and seek some advice... I'm on H1B visa and i had a DUI last Feb...im currently on probation until Aug, 09. This is my first ever offense. Am i eligible to apply for UK HSMP work permit? I am qualifyin...

    Nathan’s Answer

    You must answer yes to the question posed as the question doesn't differentiate between felony and misdemeanor convictions. For the purposes of the form a criminal offense is what you were convicted of, that is, a gross misdemeanor. I cannot advise on teh UK HSMP work permit and don't know if they would check here in the US, I would suggest you contact a barrister in the UK to discuss that matter.

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  • DUI on H1B - Re-entry Query

    Hello, I got a query related to immigrations after first DUI. I got a DUI (first) in Feb, 08. The BAC was 0.16 The Bellevue District Courthouse had ordered deferred sentence for 12 months and 1 day of jail time. I have completed all the legal r...

    Nathan’s Answer

    The US does not deny entry to persons due to DUI convictions alone, in the instance you are citing, I believe you would be able to leave and return to the US without any immigration issue. That being said, you would need to consult an attorney in your home country to identify any issues related to entry there.

    The deferred sentence will result in a dismissal of the charge (as far as the court is concerned) 12 months from the date sentence was imposed; however, be very aware that WSP and DOL will not recognize the dismissal for purposes of licensing.

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  • DUI arrest in National Park, no Miranda read at time of arrest, broken breathalyzer used later

    Do I have a case? Can I beat this DUI - please read below - some details omitted to fit. Thank you. Had late night before and worked till 3pm that day. Last ate a meal at 1.00pm. Had two beers in Ballard at 4.00pm and drove to ferry in Edmonds,...

    Nathan’s Answer

    Well, there are many issues in your case, but to address the primary question: Miranda warnings are required as quick as possible after arrest by the officer. When an officer fails to administer proper Miranda warnings, there may be grounds to exclude much of the evidence with respect to questioning in custody. It would be necessary to view the police reports to further address the rest of the issues in your case, but don't be surprised if the police officer's facts differ from yours.

    As far as the breath test goes, it would be necessary to see which machine he used, what errors they were encountering and whether the proper protocols were followed. Based upon your information, there may very well be an argument for suppression of the results.

    www.WashingtonDUIarrest.com

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  • Are previous case transcripts available?

    It seems to me that the case against me is very weak-- <.08 BAC, no major stumbles in field sobriety test. I haven't gotten a plea offer yet but I suspect one is coming. I don't like the idea of being convicted of any crime (even if it is less ...

    Nathan’s Answer

    First, even though the case against you may seem weak, you need to be aware that under the DUI statute (RCW 46.61.502) the State or City can attempt to prove that you were "affected by" intoxicating liquor. That element of the crime would be based upon the observations of the officer/trooper/deputy and his or her opinion. Proceeding to trial on a DUI is always a difficult decision and you have to remember that the officer/trooper/deputy has been specifically trained to testify against you and to influence the jury by using words such as odor of "intoxicants" rather than alcohol or beer, etc. In addition, they often will state that the individual "refused" to participate in sobriety tests, when all an individual has done is exercise his or her right to decline a voluntary test.

    Second, when you are asking about transcripts it would be necessary to know if you are referring to the trooper/deputy/officer's prior reports and testimony. Your attorney will know how to obtain the police reports in your current case, as well as, how to obtain the past reports from the arresting officer. It would be extremely difficult to garner transcripts of every DUI case in which the arresting officer has testified, not to mention costly.

    An attorney emphasizing DUI would be able to assist you with your decision. I suggest you consult with one today.

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  • DUI Citation/Summons time period Washington State

    Hello-- My wife was arrested for DUI 11/26, refused breathalyzer. Her driver's license had a hole punched. As of 12/20 there has been no notification of a Summons and Complaint. Does this mean she was not be charged with DUI, or is there a time p...

    Nathan’s Answer

    This most certainly does not mean she will not be charged with DUI, in fact, there is a great chance she eventually will be charged.

    Criminally, the State or City has up to two years from the date of violation to file the charges, thereby triggering a summons and complaint. However, the department of licensing will suspend the individual's license (in this instance for one year) 60 days from the date of the arrest. If a hearing is requested within the alloted time from arrest (20 days as of Jan. 1, 2009) then the license will be suspended only if the hearing result is unfavorable.

    The hole in the license does not invalidate the license, it merely puts the license on temporary status until the either the hearing result is rendered or until 60 days after the arrest in the case in which a hearing was not requested. In Washington, there is a criminal matter and an administrative matter to address when charged with a DUI. Your wife should speak with a qualified DUI attorney right away.

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  • Are there stats available on Seattle DUI arrests?

    How many people are arrested every year for DUI? Out of these, how many are found guilty? How many accept reckless? Neg Driving? get the case thrown out? Are there any resources that summarize the stats involved?

    Nathan’s Answer

    There is not specifically a site for this particular information, but the rough estimate is approximately 1500 DUI arrests by the Seattle Police Department annually.

    Annually in Washington state there are tens of thousands of DUI arrests.

    There is no tool, website or otherwise that specifically keeps track of how cases are resolved, that would take up too much of the courts resources. I'm sure someone out there has thought of putting together a stat center on that topic, but there is nothing to date.

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  • Can I visit Canada with a Washington State DUI conviction?

    Can I visit Canada with a Washington State DUI conviction?

    Nathan’s Answer

    The short answer is No! The Canadian Consulate has deemed DUI a crime of moral turpitude and will deny entry to anyone convicted of a DUI in Washington State, or any other state for that matter. There are opportunities to apply for a temporary visa or work permit, but the processing time is lengthy and requirements for admissibility very strict. The normal process for reentry into Canada is to go through what is called Criminal Rehabilitation and this process can take up to ten years. After a period of time, the Border Agent can deem someone rehabilitated, but this usually will not happen until at least ten years have passed since the DUI and only as long as the individual doesn't have any new criminal violations of law.

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  • Two reinstatement fees for DUI. 6 years later and insurance co. now receives news of DUI 6 yrs later

    I had a DUI Jan. 2003, I paid a reinstatement fee of $50.00. I got my lisence back and last month the RMV sent me a letter saying I needed to pay a $500.00 reinstatement fee to get my lisence back. Which I've had for 6 years now. They issued it ba...

    Nathan’s Answer

    Many times this is a surreptitious way of funding your DMV. In Washington state, for example, persons who have their license suspended administratively for a first offense (90 days) DUI and have their criminal matter reduced to Reckless Driving may be required to pay two reissue fees when having their license reinstated. According to the Department of Licensing, this is because each of the offenses carry a license suspension and the Reckless Driving is separate and has its own 30 day license suspension, even though the original 90 day suspension was based upon the same act. This is your goverment at work!

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  • DUI / DWI when not driving

    I was charged with a DWI last night while I was sleeping in my car. I was not driving and the keys were on the floor. Can I get a DUI / DWI for this?

    Nathan’s Answer

    In Washington, you are likely to be charged with Being in Actual Physical Control of a motor vehicle while under the influence. I know it seems you were doing the right thing by sleeping it off and there are affirmative defenses to this charge, but it is very likely the government would charge you with this crime. The government would have to establish that you could have made the vehicle readily operable, and of course, it appears you would have a defense as your keys were on the floor; however, the location of the keys is not necessarily determinative in establishing guilt.

    The legislature has made it clear in Washington that you cannot be convicted of the crime of Being in Actual Physical Control if you are safely off the roadway, however, it is up to a jury to decide what "safely off the roadway" is and the government will never concede that any car is safely off the roadway. I have even had cases where persons are sleeping in their cars in parked cars in parking stalls at a hotel and the government files the charge, so be ready for a fight. This is why you need an experienced attorney to help you out with a DUI charge.

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  • What are possible consequences for receiving my 3rd DUI in 4 years

    I have 3 DUI's in NC. First was 2004, second was 2006, third was recent 2008. My first was dismiss because of "no witness" and my other two are pending. I am trying to go into the military but this is my hold. I have posted "DUI out of car" and "t...

    Nathan’s Answer

    I can answer the question as it pertains to Washington law. In the state of Washington, since your first DUI was dismissed the second would be considered a first offense and upon a conviction, you would be facing 1 or 2 days in jail at a minimum as well as a license suspension of 90 days, all dependent upon the breath test result or whether you refused a tests. The 3rd DUI would be considered a second offense and upon conviction you would be facing either 30 or 45 days in jail plus 60 or 90 days of Electronic Home Monitoring and at least a 2 year license suspension at a minimun, dependent upon the breat test result or whether it is an alleged refusal.

    In your case, especially concerning your second offense, there are options to consider, but you would need to sit down with an experienced DUI attorney and go over the issues of your case to better determine strategy. It is very important in your case to consult with an experienced attorney that limits his or her practice to DUI defense.

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