William Karl Kirk’s Answers

William Karl Kirk

Kirkland DUI / DWI Attorney.

Contributor Level 6
  1. 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?

    Answered about 3 years ago.

    1. Brian Michael Starns
    2. Troy Austin Pickard
    3. John Wesley Hall Jr.
    4. James C Forslund
    5. William Karl Kirk
    5 lawyer answers

    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.

  2. 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?

    Answered about 3 years ago.

    1. Chris J Feasel
    2. Andrew Stephen Roberts
    3. Tai Christopher Bogan
    4. William Karl Kirk
    4 lawyer answers

    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.

  3. Can a lawyer ask a client to pay more money during court?

    Answered about 3 years ago.

    1. Ted Harvatin
    2. Robert David Richman
    3. William Karl Kirk
    3 lawyer answers

    ALL fee agreements should be in writing, period. In my jurisdiction, it is required by the Rules of Professional Conduct. And while I agree that there are times that circumstances warrant increasing a fee, it often times is the fault of the attorney for not fleshing out the details enough before quoting that fee. Moreoever, even if the additional fee is warranted, there is a time and place for everything and it is my personal opinion that fees should only be discussed in the privacy of the...

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

    Answered about 3 years ago.

    1. John Wesley Hall Jr.
    2. Christopher P Norris
    3. William Karl Kirk
    3 lawyer answers

    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.

  5. Will a dui in Oregon affect my deferred prosecution in Washington?

    Answered about 3 years ago.

    1. Emily M. Oberdorfer
    2. Robert J Harris
    3. William Karl Kirk
    3 lawyer answers

    "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...

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

    Answered about 3 years ago.

    1. Vincent Ronald Ross
    2. Michael Rutledge Norton
    3. Mark K Rosenfeld
    4. William Karl Kirk
    4 lawyer answers

    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.

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

    Answered about 3 years ago.

    1. Mark Alan Mackin
    2. Harry Edward Hudson Jr
    3. William Karl Kirk
    3 lawyer answers

    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.

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

    Answered about 3 years ago.

    1. M Elizabeth Gunn
    2. Ben M. Sifuentes Jr.
    3. Troy Perry Burleson
    4. Alexander M. Ivakhnenko
    5. William Karl Kirk
    5 lawyer answers

    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...

  9. 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(

    Answered about 3 years ago.

    1. Chris J Feasel
    2. Diane M Medina
    3. William Karl Kirk
    3 lawyer answers

    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...

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

    Answered about 3 years ago.

    1. William Karl Kirk
    2. James C Forslund
    2 lawyer answers

    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,...