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DUI Client LettersPraise for Peter Zeliff [e-mail dated December 19th, 2005] regarding a DUI bench trial at Atlanta Municipal Court -------------------------------------------------------------------------------- Bubba/Tom, Hope you have been doing well. I have a family member in need of a quality attorney who deals with corporate suits / unemployment issues etc. Basically, my uncle was injured on the job and has some issues. If you could recommend someone I would appreciate it. Thanks again for all your hard work regarding my DUI case. Best money I have spent in years. Best Regards, -------------------------------------------------------------------------------- (This client had a case in a small (unnamed) Municipal Court in North Tuesday, August 20, 2002 7:25 PM Dear Mr. Head and Mr. Thomas, I wanted to thank you for referring me to Mr. [Gus] McDonald. My case was dismissed and he was very kind, quick, and efficient. I hope that I will not be needing your services in the future, however if anyone was in my situation I would recommend you and your firm. Take Care,
[This case was a head-on collision, our client's fault, two seriously injured people in two separate vehicles] Hello Bubba... D.L . -------------------------------------------------------------------------------- *This letter came from a person who had been convicted of DUI in July 12, 2002 Dear Mr. Thomas, Your site and the Home in it is wonderful. Thanks for making a nice As long as there are lawyers like you, the average man will still have a F.
July 1, 2002 Bubba, Thank you for believing in me. Good things come to those who wait, if they D.D. {Client's case first 'won' after the trial judge ruled that her speedy trial
*This letter was received through e-mail. The writer's identity has been shielded for his own protection. Dear Mr. Thomas, I am a retired Sgt. with a [Police Dept]. While there, I was an instructor in DWI apprehension and taught HGN techniques... I am a great advocate for doing things the right way. I preach the need for probable cause to make the stop. I reluctantly concede that police officers are crossing the line in the search for the drinking driver. It does seem that very little is done to deal with those officers who make the police ranks look so bad. I hear hundreds of tales of how people are treated or mistreated in terms of their rights when DWI arrests are being made. It really bothers me. Let me say that 95% of the tales deal with members of the [State Police]. What a poor representation of what police are SUPPOSED to be these officers are! The most important issue with the [State Police] is "station average" (the mandatory 20 tickets per month). I would be very appreciative if you could enlighten me on what [area] was mentioned and your thoughts for correcting the improper dealings of police officers in DWI enforcement. I should mention that I have no problem with making DWI arrests. It is necessary for everyone's safety. My concern is that it be done with proper procedure and according to the law. Thank You. D.R. **** May 24, 2002 Subject: An Honest Cop D., I appreciate your candor about "some" police practices. While I know some top-notch people in police work, I also know many whose conduct brands them as far worse criminals than my worst drinking clients. When I have a trial with a truly honest officer, I proudly tell the jury what a fine, truthful public servant he/she is, and that the trial will NOT be about me having to drag the truth out of him/her. I tell the jury that we hope to show that mistakes were made, and that this is the reason my client must be acquitted. I have had many officers come up after a trial and tell me how much they appreciated my words---whether they win or lose at trial. The study reported in my "101 Ways" book (co-authored with Reese Joye) was a New York City study in the early 1980's, as I recall. 184,000 were stopped at roadblocks, yet only 222 arrested for DWI. A good patrol officer, well-trained would make 20 times that ratio, for the comparable time and manpower it took. The book the quote was taken from is Joye & Lovett, The Trial Workbook, Kluwer Law Book Publishers, Inc. (1986), Section 12, p. 10-52.22 to 10.52.23. The book is out of print now. The author, Reese Joye, probably has an old file with the original study in it. He is one of the true masters of DUI practice from South Carolina. His e-mail address is: reesejoye@aol.com. The answer to increasing the accountability and integrity of ALL police departments is VIDEOTAPE. If every officer was required to have and USE their on-board camera and body microphone, America would be a better place. The police would curtail "cowboy" tactics and blatant illegal activity, and the public would be less of a threat, since they would know that 100% is being videotaped. Only the State of South Carolina has seen fit to implement such a law--mandatory videotape. Courageous and very far-sighted. As you are well aware, the "attitude" of the police officers in any particular department is greatly affected by the TOP people running the police force. If these people allow or encourage cheating or telling half truths, the rank-and-file follow, often going over the line on a daily basis. If you haven't run across it yet, go to www.duigulag.com. Quite a different perspective at this web site. WCH **** Sir: Thank you so much for your prompt reply. It is nice to hear from D.R.
May 20, 2002 Dear Mr. Head, I wish to thank you for all your help in my case. I heard it from many Sincerely, May 21, 2002 Dear Dr. R, Thanks for the words of praise. A great deal is owed to our excellent staff I am glad that you found us. I am sorry for the inactivity and lack of Bubba Head
4-19-02 Dear Allison, Please convey my thanks to Mr. Head for choosing to send my case to Gus McDonald. The DUI was reduced to reckless driving, and even though the penalties were the same as a DUI conviction, I was able to save my FL license. As this was my second FL DUI, I would have had my license revoked for a year with no emergency license and my real estate licenses were also in jeopardy. Gus did a GREAT job. Thanks! -A.C.
2-20-02 Mr. Head: I would like to take this opportunity to say "Thank You." It is my hopes and prayers that the next time we meet it is on a personal basis, not a client/attorney arrangement. I have been blessed and you have played a major role in a life-changing experience in my life .... Thank you and God Bless. MDW
5/6/96 Dear Bubba, This will hopefully be the last time I bore you with a letter. I wanted to sum up the results of all your and Allison’s good efforts on the resolution of my case. We settled with Cobb County. The DUI was pleaded a "nolle prosequi", the speeding and failure to maintain lane charges were merged to a reckless driving charge, pleaded "nolo contendere" (0 points on the MVR). A fine of $400 with $100 surcharge was paid to the court. I really appreciate your help in this matter. When I first got myself into this, before contacting you, I was convinced that because I did not take the state administered test I was going to lose my license, be convicted of DUI, and I always believed I was innocent. Additionally, I knew nothing about the laws surrounding DUI in Georgia, or any other state and that made it worse. Your approach to educating your clients with your "Summary of Georgia’s DUI Law", "101 Ways to Avoid a Drunk Driving Conviction", and your videotape of "How to Deal With Stress", really helped me to understand the situation and the issues and solutions for my case. That education is a service to your clients and I would guess is a point of differentiation you have on your competition. Allison was great! I knew what to expect because her letters to clients outlining the office and court procedures were dead on. She always returned my phone calls, and even though she is always very, very, busy she was courteous and took the time to answer my questions and listen to my issues. In terms of customer satisfaction, all the way around, you and Allison did an excellent job. I may take you up on your offer to speak to our drivers; I’ll let you know. If Allison can, I would like her to send me about 50 of the Driver’s Right cards to distribute to our managers. Thanks again for you help. Sincerely B.L.
2/12/99 Dear Mr. Head, I wanted to let you know how thankful I am for your help with my recent dilemma. I am very relieved to have this behind me so quickly. I was impressed with so many things regarding you and your firm beginning with the first time we met. When I came in that Saturday, you practically met me at the door to greet me and invite me into your office. The other three attorneys I met with made me wait at least thirty minutes before they would see me and I am quite sure it was not necessary. You were a straight shooter from the very beginning and made me feel comfortable. You accommodated my financial situation even though you surely did not have the need to. Your assistant, Allison, always took my calls even if she was on another line. She was great! You obviously need no critique from me, but my points are made to show my belief that it truly is the little things that add up that show one’s degree of success. Besides being smart and talented, you are also willing to go the extra mile. That is what I learned from you and will try to use it in my career. Sincerely, H.W.
8/27/1998 (letter from a referring attorney) Dear Mr. Head: I am not sure why I recommended B.F. to you. I think there was some sort of conflict with my schedule and I was not able to represent him. I do want to pass a copy of his note on to you. It is rare that we get any thanks for our work in this business. Thank you for providing Mr. F. with excellent representation. I look forward to seeing you around the courthouse. Very truly yours, Raymond V. Giudice Attorney at Law [B.F’S letter, attached, dated 8/15/98 is set forth below] 8/15/98 Mr. Giudice, I wanted to drop you a quick note to thank you for your legal advice. I went ahead and hired William C. Head for my DUI/Accident case and was found "not guilty". Needless to say, I was ecstatic with the outcome. I can now get on with my life. Thanks again for your honest advice. Regards, B.F.
1/25/99 Bubba & Allison THANKS! For giving me my life back. I actually feel like a normal (somewhat?) human being again after 2½ years. I can’t thank you enough. M.B.
1/10/98 Bubba: Thanks for your advice & guidance. When I went to get a certified copy of the dismissal, the Clerk of Court was asking "how did you get this dismissed. This was a REFUSAL: They’re never dismissed!" My answer: Bubba Head. R.M.
7/18/1998 Mr. Head, Thanks for helping me out. I really appreciate your going to bat for me. P.L.
10/26/98 (via e-mail) Mr. Head: I would like to thank you once again for your services and hospitality. How you won my case is not important. . . . The bottom line is that you won. I will be sure to thank Ken Bossin (the referring attorney from Ohio) also for his referral. Have a great week. T.N.
1/29/99 Mr. Head, I met with you a couple of months ago regarding the possibility of utilizing you as counsel. After that meeting I took your advice and hired your associate, Kevin Ryan. This week, we successfully ended trial. I was very pleased with your office and Mr. Ryan’s efforts especially. Regards, T.T.
6/10/97 Mr. Head & Staff: Thanks for everything you all did for me the last couple of months. This has really opened my eyes to what can happen in the blink of an eye. You will most definitely get referrals from me in the future. Best wishes to you all, H.B.
6/11/98 Mr. Head: There’s a word for people like you - - - TERRIFIC! Thanks With respect, S.M.
8/31/97 Dear Allison: Just a note of thanks for enduring all my calls through the past years! God has answered my prayers and I am finally able to lay this issue to rest! Thanks again for your help and understanding attitude. Keep that smile and tell Bubba "thanks". Your friend, M.H.
8/15/97 Bubba: You were great! Thank you. T.H.N.
TM, a traveling sales representative, had a single car collision The client told him that no other car was involved, and that the police need As soon as the next cop passes by, the guard hails him down, and a DUI While seated in the rear of the patrol car, TM gave a spontaneous "mea A speedy trial demand was filed, which put the case on a quick calendar. We Our key issues were "timing" of implied consent. No one proved an exigent Not guilty on both DUI counts. 0.154/0.162, accident case. The "no proof TM was represented by GACDL Life Member, William C. (Bubba) Head of Case 2 In May of 2003, S.O., a 33-year old corporate executive was on her way home after 1:00 AM along Highway 92 in Woodstock (Cherokee County) after an employee party by her restaurant chain. She was speeding when the officer clocked her on radar. Her traffic stop was recorded on video tape by the sergeant handling the case. Initially, the officer was only going to issue a warning ticket for speeding, but noticed that the tag had just expired. In asking her about this, he noticed the smell of alcohol on her breath. He next asked her to get out of the car so he could “evaluate” her. The first screening test he offered was the Alco-Sensor, a hand-held detector. He held up the digital read-out, showing 0.25 on the screen. Next, he began the instruction phase for the walk and turn field test. After she started this evaluation too soon, he had S.O. go back and wait until he finished his instructions. As he tried to give the instructions, she stepped out of the “stance” he had her standing in, and told him, “I can’t do these tests.” He offered other tests, such as the alphabet test, and she said, “I can’t do any tests. I shouldn’t be driving, but I could not find a ride home.” The officer then arrested her, commenting to his back-up officer, “It doesn’t get any better than that!” Her Intoxilyzer 5000 tests showed a LOW score (of two samples) of 0.211 approximately 40 minutes after the traffic stop. A bench trial was selected, based on the fact that the Uniform Traffic Citation was drawn to only accuse the per se DUI offense (for driving while having an unlawful blood alcohol level above 0.08 grams). We did not challenge the tag expiration nor the speeding. Due to erroneous statements made by the officer after giving the “implied consent” to S.O. on the video tape, Mr. Head was able to get the State’s test result excluded by the trial judge in the middle of trial. Because the per se case depended entirely upon the test result being admitted into evidence, the trial judge had no choice but to find her “not guilty” of DUI. She was fined $62.50 for speeding, and the fine was waived for the tag problem, since she paid the renewal prior to coming to court. Case 3 On April 4, 2003, V.D.K. was driving along a rainy Sandy Plains Road on her way home from having a few after dinner drinks with a fellow employee when she lost control of her 2001 Toyota in the rain. When another car veered into her lane, her car careened off the guardrail to the right, hydroplaned to the left across the grass median and ended up with the front end against a concrete retaining wall. It was about 7:30 PM when the police were called to the scene of the accident. V.D.K. had flagged down a passing motorist for help. This woman took her home, a distance of a couple of miles. The arresting officer came to the accident location and found that the driver had departed. He gave police dispatch the tag number of the wrecked vehicle, and the police dispatched a second officer to her home. There, the officer found V.D.K. walking around from the back yard of her home to the front door of her home. He asked her if she had been involved in a wreck. She said she had. He then told her she needed to come back to the scene with him. She went back to the scene, at his insistence. The first officer attempted to get her to perform some field sobriety tests, which she declined, based on advice she had received from her attorney for her last DUI arrest. The officer arrested her despite the fact that she did not field evaluations. The officer then read her the Georgia implied consent advisements. She stated that she wanted a blood test. The officer asked for blood and urine, which she agreed to take. She was then taken to Cobb County jail, where she was later able to post bond and be released. The blood test came back from the GBI several months later as a 0.23 BAC. The legal standard was 0.08 at the time of her arrest. V.D.K.'s two prior DUI offenses within 5 years meant that a guilty plea or a trial loss would take away her driver's license for 5 years. Mr. Head advised her to elect a bench trial. V.D.K. did not testify. On September 18th, 2003, she was found not guilty by the trial judge when Mr. Head was able to block the blood test results from being admitted due to a flaw in the chain of custody. She was found guilty of leaving the scene of an accident involving property damage and fined by the judge and placed on probation. She served no additional jail time at all, despite an original recommendation by the prosecutor of "work release" jail time of 12 months.
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