William Karl Kirk’s Answers

William Karl Kirk

Kirkland DUI / DWI Attorney.

Contributor Level 6
  1. What can I be charged with when I said I was driving when I wasn't.

    Answered over 2 years ago.

    1. Derek Michael Smith
    2. Joshua Sachs
    3. William Karl Kirk
    3 lawyer answers

    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...

  2. 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?

    Answered over 2 years ago.

    1. James J White
    2. William Karl Kirk
    2 lawyer answers

    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.

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

    Answered over 2 years ago.

    1. Sean Aaron Black
    2. William Karl Kirk
    2 lawyer answers

    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.

  4. SCRAM DILEMMA

    Answered over 2 years ago.

    1. Cynthia Russell Henley
    2. Gene Raymond Beaty
    3. James C Forslund
    4. William Karl Kirk
    4 lawyer answers

    You need to contact a local attorney immediately. In my jurisdiction, certain exceptions can be made due to hardships or other factors that makes it impossible to comply with a SCRAM order. This will also depend on whether or not this is a pre-trial condition of your release, or a condition of your sentence. Contact a local lawyer now.

  5. Can I be charged with a DUI if I never drove, because I fell asleep in my car after drinking too much?

    Answered over 2 years ago.

    1. Gene Raymond Beaty
    2. John M. Gioffredi
    3. Cynthia Russell Henley
    4. Ted Harvatin
    5. William Karl Kirk
    6. ···
    6 lawyer answers

    In some States, Washington for example, you may be able to avail yourself of the affirmative defense of "safely off the roadway." Whether Texas recognizes that is a question for a top notch Texas DUI attorney. However, the purpose of this affirmative defense is to encourage people to do exactly what you did by realizing that you were in no condition to drive and then doing the right thing by not driving.