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William Karl Kirk
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William Kirk’s Answers

35 total

  • If u run from a felony dwi how long do u have to stay away in the state of new york

    3rd dwi in ten years thinking about leaving the state

    William’s Answer

    The answer is "forever." However, no lawyer can advise you that you should continue to run from this problem. You could be picked up in any other state and extradicted back to NY. While you may be in a lot of trouble now, running will only make it worse. No judge will be happy about the fact that you absconded from justice to a period of time. My advice, contact a competent NY attorney and address this matter before it comes back to haunt you.

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  • If a DUI test was given using a breathalyzer, with negative results, could the person still have been under the influence of dru

    gs? I was hit by a young man horizontally on the freeway. After exiting my car and making sure I was ok, I went to check the other driver. When I asked him what happened he was very oblivious to accident! When i asked him if he had been drinking o...

    William’s Answer

    A breath test will only show alcohol. If a blood sample was drawn, it will show all substances in the blood at that time. There may be further information coming that supports a charge for that individual.

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  • Can I fly into mexico with a misdemeanor dui on my record??

    I have a dui per se in Montana and am flying to mexico soon, should I expect to incur any trouble with customs?

    William’s Answer

    You should have no problems getting into Mexico. Canada is another story, but Mexico should be fine. The comments earlier about making sure you don't have a warrant on the case are well-noted as TSA will snatch you off the plane when you get back into the States if you have a warrant. As for driving in Mexico, I would recommend that you never drive down there whether you have a DUI or not. It just can lead to way too many problems.

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  • Are statements made before your Miranda Rights are read admissable in court as evidence?

    In a DWI case, if you refuse the FST and are arrested, are the statements made after the arrest and before the Miranda Rights are read admissable in court?

    William’s Answer

    There is a saying that "timing is everything" and that certainly is the case here. If the statements were made spontaneously, that is not the product of a question from the officer, they're admissible regardless of when they occurred. If the statements were the response to questions BEFORE being taken into custody, they might be admissible. If they were in response to questions AFTER being taken into custody, but before Miranda, that is likely a big issue. Miranda only applies to "custodial interrogation." That is statements made in response to questions after being taken into custody. Spontaneous statements, that is the defendant just blurting things out, are not subject to Miranda and can, at times, have a devestating effect on the case.

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  • I got my first DUI in 2006 and now i just got my secon DUI my court date is April 3rd am i going to jail? :0(

    i got a DUI in 2006 and last mo0nth i got arrested for my second DUI my blood test came back with .013 and im freeking out!!! i have 3 kids and im hoping and praying i dont get arrested.. im currently getting closer to church and going to therapy...

    William’s Answer

    Let me answer your last question first, "how do you defend yourself?" You don't...you get an experience and competent lawyer to do that for you. While I am not familiar with California's penalties for 2nd offenses, the two previous answers were from competent California attorneys and you should heed their advice. The bigger question is this: When you ask about going to jail, do you mean after a conviction, or might you be taken into custody at your arraignment due to a perceived "risk to community safety?" Up here in WA, where I practice, people run a legitimate risk of having a bail set on them when they make their first appearance for a 2nd DUI. For that reason, you need to contact a lawyer right now.

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  • Are levels of THC 1 and THC carboxy 9 grounds for prosecution in dui cases?

    My son was pulled over because he was trying to adjust a contact lens in his eye and subsequently was driving erratically and then arrested for suspicion. He was later given a blood test with the results I have posted above.

    William’s Answer

    This will depend on your jurisdiction. For example, in Arizona, any measurable amount of a drug or it metabolites is sufficient evidence. Here in Washington, where I practice, we do not have "per se" limits for drugs other than alcohol. In general, the relevant scientific community believes that impairment by THC occurs somewhere between 5 and 10 ng. What your son's test is showing is that there was only 1 ng of active THC in his blood at the time of the draw. The 9 ng of Carboxy THC, which is metabolized THC will not affect his ability to drive a car. As a mom, it should also put you at least a little at ease, that having only 9 ng of Carboxy in his blood shows that he is not a fairly frequent user of marijuana. The best advice I can give you is to get a competent DUI lawyer from your jurisdiction on board ASAP.

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  • What can I be charged with when I said I was driving when I wasn't.

    I was in a accendent involing another car, I volenteered that I was driving as the driver was drunk. I blew a .103. Over the limit of .008. The other driver and witnesses knew I was not driving, as they pulled me out of the truck that was upside...

    William’s Answer

    Yes, you can defend yourself of this charge, but it likely requires one of your friends to fall on the sword for you. I don't know how willing they will be to do that. Of equal concern is the fact that your lawyer is not returning your calls. That is very troublesome. The Rules of Professional Conduct requires an attorney to be diligent in keeping the client informed and I have read a number of disciplinary notices about attorneys who did not return calls. You need to get that problem fixed immediately.

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  • If I test positive on a ETG test and a negative for a breathalyzer while on probation for a 1st offense DUI, can I contest this?

    I have not drank on probation but had an ETG this morning, not sure what it was I've been reading online that there is a possibility of a false positive. My breathalyzer was negative. I was just placed on probation and am worried I will automatica...

    William’s Answer

    The simple answer is "hell yes" you should challenge this. ETG tests have many, many flaws to them. In fact the US Dept. of Health issued an advisory to probation departments a few years ago stating that they should not rely on ETG tests in probation revocation hearings. A simple Google search on ETG testing will provide you with a ton of information about many of the fallacies of this testing process.

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  • Is the price range of $2,500 to $5,000 for a lawyer enough to change the outcome in a .093 DUI case?

    I have heard that if I am going to chose a lawyer to represent me and I don't plan on pleading not guilty, that I should just chose the cheaper lawyer because I will not get the results I want with $5,000 - in other words, I will only get those re...

    William’s Answer

    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 charge a more competitive rate. While others may charge over the top fees, but not be worth that expense. My advice: speak with several lawyers in your area. You will get an idea of what the local market dictates is a reasonable fee. Then find the lawyer that you are most professionally confident in, and most personally comfortable with.

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  • I have a warrant for not paying fines for dui. can i serve my fines as jail time?

    I live in reno nevada. and i moved here from washington in august. i recently lost my job and have no car or friends and family here and am losing my housing and need to move back to washington but i still owe 1400 in fines and about 75 hours of c...

    William’s Answer

    That will depend on the jurisdiction. Many people are struggling to pay fines right now due to current economic conditions. I would really consult with a local attorney before you make this request. The court might be willing to give you more time if the circumstances warrant it. You also might want to see what kind of facility you would serve your time at. It might be worth taking a little more time to pay off the fines.

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