Nathan L Webb’s Answers

Nathan L Webb

Seattle DUI / DWI Attorney.

Contributor Level 9
  1. Does a parent of minor child passenger in a DUI have the right to address the court prior to sentencing?

    Answered almost 5 years ago.

    1. Mark C Blair
    2. Nathan L Webb
    3. John M. Kaman
    3 lawyer answers

    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.

  2. WA DUI, Secondond offence within 7 year limit

    Answered almost 5 years ago.

    1. Stan Glisson
    2. Travis S Jones
    3. Nathan L Webb
    3 lawyer answers

    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...

  3. Does field sobriety test have to be voluntary?

    Answered almost 5 years ago.

    1. Nathan L Webb
    2. John M. Kaman
    2 lawyer answers

    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...

  4. Dui blood test result how long do it take to come back seattle washington

    Answered almost 5 years ago.

    1. Jonathan Dichter
    2. Nathan L Webb
    2 lawyer answers

    Typically the blood test (sent by the arresting agency to the Washington State Toxicology Lab in Seattle, WA) will be completed within a few weeks of your arrest. At that time the prosecution will evaluate what charges to file and you will be summoned to appear for an arraignment (i.e. the first criminal appearance). If at the July 2nd hearing the judge informed you that no charges had been filed, it is because the government is awaiting the results of the blood test. You are also facing...

  5. If I took a blood test as opposed to a breath test for DUI in Washington, when does the 20 days to request a DOL Hearing start ?

    Answered almost 5 years ago.

    1. Jonathan Dichter
    2. Nathan L Webb
    2 lawyer answers

    If your blood was taken due to the unavailability of a machine or because you were involved in an accident and transported to the hospital, the 20 days to request a hearing will begin when the Department of Licensing notifies you of your right to request a hearing. They will send you notice by mail. Typically, if a breath test was taken, the office gives you notification on the spot because he has the results; however, a blood test is transported from the officer, to an evidence locker then...

  6. I wasn't behind the wheel when the police arrived at my car but was arrested just the same.

    Answered almost 5 years ago.

    1. Sharon Elizabeth Chirichillo
    2. Nathan L Webb
    3. Karyn T. Missimer
    3 lawyer answers

    Being charged with "driving" under the influence can occur based upon 3rd party testimony; however, without that testimony you could still face the charge of being in Actual Physical control of a motor vehicle while under the influence, but this is not likely because if you were out of the vehicle it could be difficult to prove. Keep in mind the government has a burden to prove you were identified as the driver and that the witness is credible and reliable. I would address the 3rd party by...

  7. What is Washington state's law regarding bicycling under the influence?

    Answered almost 5 years ago.

    1. Jeffrey B Goldman
    2. Nathan L Webb
    2 lawyer answers

    You cannot be charged with Bicycling Under the Influence in Washington State, it is not (yet) a crime. The reason is that the bicycle is not a motorized vehicle as defined by statute. Arguably, if you chose to ride your bike rather than drive after drinking you should be applauded. Personally, I would take a cab! Webb Law Firm, P.L.L.C www.WashingtonDUIarrest.com (425) 398-4323

  8. In single car accident, blew 3X times legal limit, not arrested, went to hospital. Told ticket in mail will I b charged w/DUI?

    Answered almost 5 years ago.

    1. Lance George Miyatovich
    2. Jonathan Dichter
    3. Nathan L Webb
    3 lawyer answers

    If the sheriff processed you, that is you blew into a breath test device at the station, you are most certainly facing a DUI charge. The government has two years in which to file these charges. If you haven't received the $500 ticket in the mail, then it is likely the prosecutor is reviewing your case for additional or enhanced charges. I would need more information to evaluate your case, such as: was your license punched, where was the breath test performed (on the side of the road or at...

  9. Is there anyway to get my DWLS 2nd degree knocked down to 3rd degree even though it was about a year ago?

    Answered almost 5 years ago.

    1. Angela Horwath
    2. Jonathan Dichter
    3. Nathan L Webb
    3 lawyer answers

    Well, if you already entered into a plea agreement, then it is going to be very difficult, if not impossible, to withdraw your plea especially if one year has elapsed. If the Department of Licensing did not resuspend your license you should thank the judge as he has the discretion to recommend against resuspension when a guilty plea to DWLS 2nd is entered. You may be able to have the convcition expunged from your record after the statutorily permissible period of time has elapsed, but it is...

  10. Lots of trouble with punched-ID?

    Answered almost 5 years ago.

    1. Jonathan Dichter
    2. Nathan L Webb
    2 lawyer answers

    This is a common problem for those facing DUI charges whose cases have not been resolved. You are free to obtain an ID card at any DOL office, but beware that you may be required to hand over your punched license. You then wouldn't be carrying a valid license on your person if stopped, when in fact you do have a valid license. The punch merely means that this is now a temporary license subject to administrative action (a hearing if you properly requested one within the time frame - 20 days...

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