Nathan L Webb’s Answers

Nathan L Webb

Seattle DUI / DWI Attorney.

Contributor Level 9
  1. What is the SOL for a DUI if the person skips bail and goes to another state?

    Answered over 5 years ago.

    1. Nathan L Webb
    2. Erick Masten Platten
    2 lawyer answers

    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!

    1 person marked this answer as helpful

  2. DUI Citation/Summons time period Washington State

    Answered over 5 years ago.

    1. Aaron A Pelley
    2. Jeffrey Patrick Bassett
    3. Nathan L Webb
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  3. DUI / DWI when not driving

    Answered almost 6 years ago.

    1. John Roger Blanchard
    2. Joshua Matthew Dale
    3. Richard Orville Middlebrook
    4. Ryan Patrick McClure
    5. Nathan L Webb
    5 lawyer answers

    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;...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

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

    Answered almost 6 years ago.

    1. Kimberly Keheley Frye
    2. Patricia Elizabeth Fox
    3. Nathan L Webb
    4. Corey Ira Cohen
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

  5. Does a parent of minor child passenger in a DUI have the right to address the court prior to sentencing?

    Answered about 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.

  6. WA DUI, Secondond offence within 7 year limit

    Answered about 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...

  7. Does field sobriety test have to be voluntary?

    Answered about 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...

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

    Answered about 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...

  9. 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 about 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...

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

    Answered about 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...

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