William Karl Kirk’s Answers

William Karl Kirk

Kirkland DUI / DWI Attorney.

Contributor Level 6
  1. To what benefit will be had with my attorney writing and sending in a mitigation letter for my DUI?

    Answered almost 3 years ago.

    1. Daniel G. Galivan
    2. Mitchell Scott Sexner
    3. Salim John Sheikh
    4. William Karl Kirk
    4 lawyer answers

    You have to rely on the expertise of your attorney and his/her familarity with that jurisdiction. If your attorney is requesting to do this, I have a hard time believing that there is no value to this. Often times, when legal and factual issues do not bring about plea bargains, mitigating factors can make all the difference. I expect that your attorney is doing the right thing here.

    2 lawyers agreed with this answer

  2. Double Jeopardy appeal worthwhile

    Answered almost 3 years ago.

    1. Joshua Sachs
    2. Shannon Katherine McDonald
    3. William Karl Kirk
    4. John Wesley Hall Jr.
    4 lawyer answers

    I agree with the previous posts that if you win on appeal its free, and if you lose, you owe money. That is not how the system works. I would consult with an independent appellate counsel to first find out if what you have been told is the true state of the law. In essence they're saying that we know you can't afford a lawyer, but we'll give you one for free. And if you win, its still free, but if you lose, you'll have to pay. Where does that money come from if you were already found to...

  3. When are they suppose to give you the breathalyzer?

    Answered almost 3 years ago.

    1. Scott Weymouth Lawrence
    2. James J White
    3. William Karl Kirk
    3 lawyer answers

    The evidentiary breath test, conducted on a BAC DataMaster, will be conducted after you have been arrested at the station. A lawful arrest is a prerequisite to a request for an evidentiary breath test under RCW 46.20.308. While there is the "two hour rule" which states that a test must be conducted within 2 hours of driving, a test taken after two hours can still be used as "other competent evidence of impairment" under RCW 46.61.506 and RCW 46.61.502. Typically, a test is conducted at a...

  4. Possession of marijuana and paraphanelia

    Answered almost 3 years ago.

    1. Scott Weymouth Lawrence
    2. William Karl Kirk
    2 lawyer answers

    I agree with Mr. Lawrence that you should seek legal advice on this. Essentially, the officer was asking for a "consent" search but gained that consent through threats. The "inevitable discovery" doctrine will be in play here. In Washington, the Hammond opinion states that the odor of marijuana from the car is probable cause to arrest the driver for possession. There are many layers of complexity to this issue.

  5. Can DUI charges get dropped?

    Answered almost 3 years ago.

    1. Philip Daniel Hache
    2. Robert C. LeBrasseur
    3. William Karl Kirk
    4. Benjamin J Lieberman
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  6. 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?

    Answered almost 3 years ago.

    1. Mary E. McCluskey
    2. Christopher Daniel Leroi
    3. Mark S. Solomon
    4. James C Forslund
    5. Stephen Clark Harkess
    6. ···
    7 lawyer answers

    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.

    1 lawyer agreed with this answer

  7. Do i need to hire a lawyer for a second dui

    Answered almost 3 years ago.

    1. George L. Aldrich
    2. Elliot Rahmim Zarabi
    3. William Karl Kirk
    4. Ted Harvatin
    5 lawyer answers

    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.

    1 lawyer agreed with this answer

  8. 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?

    Answered almost 3 years ago.

    1. Jacob Wieselman
    2. Fred W Anderson
    3. James C Forslund
    4. William Karl Kirk
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  9. Is the price range of 2,500 to 5,000 lawyer fine enough to make an outcome difference in .093 DUI case?

    Answered almost 3 years ago.

    1. George Chadwell Creal Jr.
    2. Evan A. Watson
    3. Wesley Kent Hill
    4. Kevin Aaron Chastine
    5. Ted Harvatin
    6. ···
    6 lawyer answers

    I don't practice in your jurisdiction so its hard to say if this is a reasonable fee. I have heard of $10,000 being normal in some places in this country and $3,000 being ridiculously high in others. While there is an old addage that "good lawyers aren't cheap and cheap lawyers aren't good" I do think that some of the comments by others before warrant serious consideration. There can be some very talentend lawyers who don't charge that much simply because their business model permits them to...

    1 lawyer agreed with this answer

  10. I am a NJ resident that was convicted of DUI in '01. I was arrested recently in PA for DUI. Will the 1st one still matter?

    Answered about 4 years ago.

    1. Steven W. Hernandez
    2. Mark M Cheser
    3. William Karl Kirk
    4. Kelly W. Case
    4 lawyer answers

    According the Pennsylvania law, they look back a total of 10 years to determine prior offenses. So, depending the date of offense on your first case, you could be looking at 2nd offense penalties which range anywhere from 5 to 90 days based upon your breath test readings. The real question is will the Pennsylvania prosecuting attorney find out about the New Jersey offense. That question is more appropriate for an attorney practicing in that area of Pennsylvania. However, experience has...

    1 person marked this answer as helpful