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William Karl Kirk

William Kirk’s Answers

35 total

  • I was "put under arrest" last night, cops claiming I failed sobriety tests. By breathalizer was clear and I gave blood, which

    they say will be available in a couple months. I wasn't ticketed or booked and was let go 3 hrs later. My car was impounded which I retreived today at $350.00. Also a non refundable $375.00 must be paid to request a hearing. Where do I stand?

    William’s Answer

    You may not need an attorney since if there is nothing in your blood, they will have a tough time charging you with anything. That being said, you should take advantage of any free consultation that an attorney might offer you in the event that you do get charged later. No matter how bad your field tests are, they still have to prove that there was some substance in your system at the time of driving that caused what was perceived as impairment.

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  • Can DUI charges get dropped?

    My boyfriend an u left a bowling alley Friday night. We got into a fight and pulled into a parking lot literally less then 5 minutes away from the bowling alley. We got out of the car. The engine was off. Keys in pocket and doors shut no one else ...

    William’s Answer

    This case is like a law school problem, which is a good thing for you. There are countless issues with this case. For starters, the last time I checked, most car only have one steering wheel and yet both of you have been arrested for driving the same car. Additionally, the only evidence that they may have that one of you was driving, was from your own admission, and not through any observation of any witness. This brings into play the Corpus Delecti rule. You need to contact a lawyer immeidately, as does your significant other as well. This case has so many issues that a competent DUI lawyer could have a field day.

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  • Can an officer refuse to let someone take a breathalyzer test and give them an mip after he let one person and ripped up his?

    An officer wrote MIPs for about 20 people and let one person take a breathalyzer test and he passed and got his ticket ripped up but the officer would not let any of the other people take one.

    William’s Answer

    You don't need test results for an MIP, it is only being in possession of alcohol, which you could do and be stone-cold sober at the time. That being said, these are the sorts of facts than a talented lawyer can use to your advantage. After all, one person was not charged simply because they volunteered to provide evidence. When you demonstrated you were willing to do the same thing, you were not provided that opportunity. A very effective argument could be made from this.

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  • The DA has resubmitted my blood test results and wouldn't give me a reason why or a copy of the first results can they do that?

    On October 11 2011, at 730 am I was driving my 2 kids to school we had a car accident. I wasn't on anything but prescribed medicine that I took the night before. Their father told the cops that I take drugs even though I don't. The cop wanted a bl...

    William’s Answer

    None of this passes a "smell test." As such, you need to get an aggressive and equally well-connected DUI attorney fighting for you right now.

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  • I got my 1st DUI in 99 2nd in 04& my 3rd 3mo ago. I'm expecting work release. Do you think hiring an attorney could keep me out?

    I have a good job as a roofing contractor & have stopped drinking completely. I have my pre-trial conference set within a month & am sti ll not sure what to do. I live in littleton & this case is adams county. The judge said he HAS TO GIVE ME JAIL...

    William’s Answer

    Hire a very competent DUI attorney in that area. No matter what jurisdiction you come from, a 3rd offense DUI will carry very serious consequences. While you may be "expecting" work release, it is possible that Colorado law does not permit that. That is one of the many reasons you need a competent DUI attorney working for you right now.

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  • I was charged with a DUI first offence, I plan to plead guilty and pay my fine

    I am going back to my home land -France- after pleading guilty, what can I expect from the court?

    William’s Answer

    While I understand your desire to end this problem and leave the country, you CANNOT make that decision without first consulting with an experienced attorney in SC. There could be all kinds of ramifications that you are not aware of. There could be issues that arise later, should you return to the States because of a DUI conviction. For that reason alone, you are much better served by at least talking to a DUI attorney first before you decide to just plead guilty.

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  • Will a dui in Oregon affect my deferred prosecution in Washington?

    I got a dui in Washington almost 3 years ago and had a deferred prosecution. Like a complete idiot, I just got another dui in Oregon. Will the courts in Washington find out about the dui in Oregon even though its in another state?

    William’s Answer

    "If" the Washington Court finds out about the new DUI in Oregon, you almost assuredly will be revoked on the DP in WA. This will carry mandatory jail time, license suspensions and ignition interlock requirements. You should contact your WA lawyer immeidately and inform them of the new arrest. Your attorney has an ethical obligation to keep this confidential. Whether or not this will be discovered really depends on what steps probation engages in to check a person's history. This is a question that your attorney in WA should be able to answer for you. If it is certain that at some point, probation will discovery this, you need to discuss with your attorney as to whether or not you should do a self-disclosure in the hopes of mitigating the damages here. Again, this is a question that is best suited for your WA attorney.

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  • Do i need to hire a lawyer for a second dui

    second dui, .17 bac. arrested in orange co. ca, but live in san bernardino co.

    William’s Answer

    Even if this were your first DUI, I'd tell you that you need to hire a lawyer. The fact that this is #2 and most assuredly, the penalties will go up significantly in your jurisdiction, you definately need to hire a lawyer. That is about as easy of an answer as I can give you.

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  • My son was arrested 2 weeks ago and has only one attorney we hired for him. How can he choose for himself the best defense?

    Current attorney only wants to plea bargain and doesn't want to hear other parts of the case. My son doesn't know that a different attorney may build a case and work hard to get him better results. He is looking at Two Assault 3 Felony and a duii...

    William’s Answer

    Whether the current attorney is going a good job or not is impossible for me to comment on. However, there your son is certainly not satisfied with his current representation which is troubling. Consequently, other attorneys must be consulted. If he is incarcerated, then the family will have to do some of the leg work for him. At least once a month I get calls from Moms, Dads, Brothers, etc. who explain the situation. I then go to the jail and interview the client. I see no reason why this can't be done in this situation. The current attorney may have a very good reason for taking this approach. However, if the client is not satisfied, the client must remedy this problem. Talk to other lawyers.

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