William C. Head’s Answers

William C. Head

Atlanta DUI / DWI Attorney.

Contributor Level 14
  1. Sloppy police work for DUI

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Norman Scott Stewart
    3. Jonathan Dichter
    4. William C. Head
    5. Okorie Okorocha
    5 lawyer answers

    Officer error is the Number 1 "avenue" for winning a DUI-DWI case. Police should be held to the high standards of our Constitution and statutory protections. Their errors can cause even the worst DUI-DWI cases to be dropped or reduced to a lesser charge, in most states. Some state legislatures (ex., Mississippi, Oregon) have statutes that prevent a prosecutor from offering to reduce or reducing a drunk driving charge, and the only way to win is for a judge or a jury to decide the case. Seek...

    2 lawyers agreed with this answer

  2. DUI arrest when not driving

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. William C. Head
    3. Jason Matthew Mayberry
    3 lawyer answers

    Most states have eliminated the requirement for an officer to observe your vehicle "moving". These are sometimes called "actual physical control" cases. All states allow a prosecutor to proceed on one or both TYPES of alcohol-related DUI-DWI: (1) a "per se" DUI, which is based upon the following (typical) evidence - If an officer can establish (though circumstantial evidence such as a warm engine or smoke coming from the engine compartment of a recently wrecked vehicle) that you did drive the...

    2 lawyers agreed with this answer

  3. Appealing DUI

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Okorie Okorocha
    3. William C. Head
    3 lawyer answers

    Appealing a DUI case depends on many factors. Most important is the inquiry into whether a "record" of the trial has been recorded and subject to being transcribed (typed up) for an appellate court to review. Next, the question that must be answered is "were the right legal objections and challenges to to judicial rulings made and prosecutorial overstepping made at the right time during the trial?" If not, you may have no productive legal grounds to seek appellate review. Notice that I said...

    2 lawyers agreed with this answer

  4. DUI - time to file charges

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Brian Michael Sullivan
    3. William C. Head
    4. Jonathan Burton Blecher
    4 lawyer answers

    Each state has its own procedures for bringing criminal charges (such as DUI-DWI). The arrest triggers a referral of the case to a prosecutor. The prosecutor reviews all the surrounding facts and decides which particular "counts" (separate legal charges) should be brought against you. For example, many states have 7 or more different types of impaired driving offenses. For example, my state (Georgia) has DUI-alcohol, DUI-prescription drugs, DUI-contraband substances [such as PCP or...

    2 lawyers agreed with this answer

  5. DUI guilty plea and inurance coverage

    Answered over 6 years ago.

    1. Geoffrey L. Burg
    2. Brian Michael Sullivan
    3. William C. Head
    4. Jonathan Burton Blecher
    4 lawyer answers

    I always counsel my clients to avoid the temptation to plead guilty to DUI when a potential civil claim exists. Not only is the plea (and the transcript of the client ADMITTING his or her guilt) admissible, but some DUI-related accident cases result in non-dischargeable debt being created (for federal bankruptcy purposes). This can be a financial disaster that can haunt the DUI offender for a lifetime. By fighting or finding another alternative to resolving the pending case will serve the...

    2 lawyers agreed with this answer

  6. Zero Tolerance Dui

    Answered over 6 years ago.

    1. Steven R Roach
    2. William C. Head
    3. Jonathan Burton Blecher
    3 lawyer answers

    This is a STATE-SPECIFIC question. Call a specialist in your area. I can suggest one that I have known for over 10 years. Donald John Ramsell Address: 128 S County Farm Rd Wheaton, IL 60187 Phone: 630-665-8780 Fax: 630-665-9599 Email: donald.ramsell@dialdui.com Website: www.dialdui.com William C. Head

    2 lawyers agreed with this answer

  7. Can I get my deposit back from a Used car dealer?

    Answered over 3 years ago.

    1. William C. Head
    1 lawyer answer

    I am not sure when you learned of the F rating at the Better Business Bureau, but thsi was a bad deal! First, file a dispute to the charge with your credit card company. Let them know the full circumstances of this transaction. Next, immediately notify the car company --- get its OFFICIAL business title from local tax records --- of your RESCISSION of this alleged ORAL agreement.and cancellation of the charge that was made for three reasons (1) the deposit was only tendered by you to have the...

  8. Can I be thrown out?

    Answered over 3 years ago.

    1. William C. Head
    1 lawyer answer

    You have some rights under Georgia law as a surviving spouse. However, if the son is NOT residing in this house, try to prevail upon your new husband to have the will modified to allow you to have a "life estate" in the property, meaning that you can stay there (in the event of his earlier death) until your death. Then, the son gets the property as his to dispose of.

  9. What kind of jail time should you expect to get facing 2 felony drug charges(morphine and oxycotin)?

    Answered over 3 years ago.

    1. William C. Head
    1 lawyer answer

    Your question lacks sufficient details to be specific, so I will outline some key points. First, if this arrest (you don't say if the drugs were confiscated from you on one or two arrests) was in Cherokee County or Cobb County, and you have NO HISTORY of prior offenses of this nature, you can probably get a conditional discharge or a first offender plea worked out. Probation, lots of conditions to meet, fines, etc. However, such a plea deal only affects the STATE record, not the FEDERAL record....

  10. Material items purchased after papers were filed: Spouse bought them, I paid for them - who owns them?

    Answered over 3 years ago.

    1. William C. Head
    2. Kevin Mammola
    3. Glen Edward Ashman
    3 lawyer answers

    If you have an attorney, you need to have him or her sort this out. It sounds like you did not "tied up" a lot of loose ends. Your message is not clear as to HOW the purchases were made: (1) credit card, (2) check of (3) debit card. Next, you have not stated how LARGE these purchases were. For certain, any joint checking accounts need to be closed ASAP, and any credit or debit cards available to him canceled ASAP. If the dollar amount justifies getting an attorney involved, do it sooner rather...

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