Erick Platten and his criminal defense team at Platten Law have extensive experience defending DWI cases, from first-time offenders to felony charges for Intoxication offenses, including:
The severity of these charges and accompanying punishments vary, depending on factors such as blood alcohol level, prior offenses, whether there was a child in the car, and the speed of the car. The penalties for conviction range from license suspension and jail time to steep fines and DPS administrative surcharge fees. Successfully defending people against DWI/DUI charges requires extensive knowledge of the laws, police procedures, and the consequences. Because laws and detection techniques are constantly changing, Erick Platten attends frequent seminars, workshops, and classes on DUI defense throughout the country.
Erick is also certified as a Intoxilyzer 5000 Maintence Tech/Operator through the Stephen Rose M.D. Course on Alcohol/Highway Safety C.E.S. Consulting West Palm Beach, Florida in 2003
NHTSA -- Field Sobriety Testing Certification through Walden Platt and Associates in 2002. This is the same certification law enforcement officers are supposed to have before engaging in conducting Field Sobriety Testing. Erick Platten is Certified in the following tests and can evaluate a video to determine if an officer has deviated from the standards proscribed by NHTSA.
The Horizontal Gaze Nystagmus Test
The Nine (9) step Walk and Turn Test
The One Leg Stand Test
Erick is also trained in gas chromatography. Gas Chromatography is the process used to determine the level of alcohol or other substances in your blood. These tests are subject to human error and allowable tolerances of error. Below is a video on Gas Chromatography from the Royal Society of Chemistry.
PLEASE WATCH TO LEARN HOW BLOOD IS TESTED
Below is some DWI Holiday Advice regarding DWI's and what one
will encounter when dealing with law enforcement
DWI HOLIDAY ADVICE
What do the Billboards Say?
DRINK DRIVE GO TO JAIL!!!
THIS IS NOT THE LAW
BUT IT IS HOW IT'S BEING ENFORCED
Want to know how to avoid an arrest or how to help yourself if caught in this situation?
Start by knowing your rights!!!
Having a drink with family and friends is legal... just don't drive intoxicated!!!
PROHIBITION ENDED IN 1933!!!
SO IT'S NOT ILLEGAL TO DRINK
IT'S THE POLICE WHAT DO I DO?
RED & BLUE = PANIC... FIRST DON'T PANIC!!!
This advice is not given to promote or encourage intoxicated driving. This is information you should know because our parents taught us to believe police officers are our friends. Rightly so, there are good law enforcement officers. However, there is a group of officers sent on a mission to stop as many people as they can for ANY TRAFFIC VIOLATION just to try and see if you smell like alcohol and unfortunately people do get falsely accused of DWI.
THESE OFFICERS' ARE KNOWN AS THE TASK FORCE
Ever Heard,"The nose, knows"?
In the world of DWI enforcement this means if you smell like alcohol, odds are you are going to jail!!! Yep... how bout them apples... nice f'n holiday visit to the family is about to turn into the worst few years of your life...
ANY TRAFFIC VIOLATION!!!
License Plate Light Out? Speeding? No front license plate? Tint to dark? Head light out? Registration Out? License Plate Frame Covering the State of Texas Symbol? Brake Light Cracked? License Plate Light not illuminating the license plate bright enough? And so the list goes on.
The following Constitutional Rights are listed to help you interpret and understand how to assert your rights when necessary for the following scenarios:
You have a Fourth Amendment Right to be free from unreasonable search and seizures.
You have a Fifth Amendment Right not to be compelled to make any
statements that could incriminate you or even be interpreted as in criminating.
You have a Sixth Amendment Right To Have an Attorney Present to Assist in your Defense.
Below are a few DWI scenarios and pattern questions and responses:
Lights... Camera... Action... Red and Blue Lights are Flashing in your rear view mirror and bouncing around in your car... your pulse is racing... don't panic... take a deep breath... calm down... everything is being recorded by the officers dash camera so it's either going to help you or hurt you depending on every little thing you do.
Have your Drivers License and insurance readily accessible; some keep it in their visor.
Pull over as soon as you can and use your signal so the officer knows you are complying. Because, if you don't pull over soon enough he will write that in his report that it took you too long to respond to his lights and you are intoxicated.
Hand the officer you DL and Insurance and make sure it's valid insurance so you don't go digging through that abyss of a glove box where illegal contraband can be in plain sight of the officer and you get arrested based on something illegal falling out.
If you get past the DL and Insurance without messing that up, the officer is going to tell you why he has stopped you.
Now he is either going to take your drivers license and walk back to his police cruiser and run your license to see if you have any outstanding warrants, prior DWI'S, or Criminal History.
Or, the officer is going to ask you if you have been drinking because he can smell what he believes to be alcohol.
When the officer tells you he can smell what he believes is alcohol, these words by the officer are being said for the benefit of the camera and your response is critical because you are being recorded and the officer is trying so hard to get you to admit you have been drinking.
However, you have RIGHTS. You have the right to tell the officer you do not want to answer his questions for being pulled over for a license plate light and that you want your attorney present before you answer any questions.
The officer might say that he doesn't have time to wait for an attorney and that you can't call one either. This is trickery to get you to do Field Sobriety Testing that is designed to make you look intoxicated even if you are not. So, you should stick to your rights and repeat that you want your lawyer and you have nothing else to say.
Another scenario may be taking place where the officer is playing the "Nice Guy" for the camera. Don't think for a second this is good that he's officer "Nice Guy" because, he has an agenda and that includes arresting your for DWI.
Officer, "Nice Guy" is now going to tell you that he's stopped you for your License Plate Light not working, and go through the same scenario as above with your license.
Then, he or she either is going to tell you the same thing about running your drivers license and will return to your vehicle and tell you he's going to write you a warning citation for the License Plate Light and you need to get that fixed. But, before I let you leave I'd like you to come to the rear of your vehicle so I can administer some sobriety tests to see if you are OK to drive.
Don't fall for this trap. Know the officer is just trying to get more evidence for their camera. Tell the officer that you have nothing more to say to him and that you want your lawyer.
Out of the vehicle!!! The officer demands. You must comply but, keep in mind that the camera is recording so don't use your vehicle for balance in any way. If you touch your door while getting out or touch or lean on the vehicle the officer is going to say you needed it for support due to your intoxication.
Again, he's asking you to perform test. Very demanding, this officer. So, you politely say, officer I'm sorry but I want my lawyer. Game Over for officer!!! He hasn't been able to obtaine much evidence against you other than his opinion of how you smelled. Too bad for the officer his video doesn't have Smell O' Vision.
Another scenario could be where the officer uses trickery. In this scenario the officer is going to try and trick you. He is going to say, I know you have been drinking because I can smell it on you.
In this scenario the officer will tell you since you are over twenty-one years of age it's OK, to have a drink, it's not against the law.
When you hear this crap, this is the officer trying to trick you and make you look bad for the camera and most people crack and say well I've had one or two beers.
Booya... the officer has just made you crack by being officer "Nice Guy" and now you are giving evidence against yourself and that camera just got it. Lie, to the officer on video and your credibility is tarnished with the jury. No one likes someone who lies.
Be smart and don't fall into their Bubba Good Old Boy talk Traps because, there are MADD people out there throwing money around requiring a certain number of traffic stops. This is a predetermined amount of DWI arrests that must be made. Ya, the numbers are there. Before you even left your driveway you were subjecting yourself to MADD’S requirements. And Law Enforcement wants to keep these MADD people happy for the money they are receiving. And, if you make enough arrests or convictions the officer or department will even receive a trophy for their good work arresting people. But, were the people they arrested guilty of Driving While Intoxicated, or were they just the unlucky ones that got pulled over for whatever reason.
If you would like to see one of the trophies for yourself, visit your friendly neighborhood Texas Department of Public Safety Troopers Station. These trophies are proudly displayed in their waiting room. I took a few photos of these trophies with my iphone. I will try and add a photo of a trophy for all to see.
Don't think it's just DPS, the city of Tyler has their numbers to meet too. I obtained this information through a public information request.
Knowledge is power, you can either fall into their web and get eaten alive or you can assert your rights.
I hope everyone has a safe and happy holiday. It's fine to have a drink, just make sure you are doing so responsibly.
And under no circumstances submit to a breath or blood sample. Never, help law enforcement put the nails in your coffin. If they have enough information to put in an affidavit for a warrant they will get one. But, if the facts from the affidavit to get the warrant don't match the video, someone is going to most likely get their test suppressed and maybe their DWI will get dismissed. Who knows?
CMI INC. 316 E. 9tth Street, Owensboro, KY 42303 1-800-835-0690
BILL OF RIGHTS
21 AMENDMENT OF THE UNITED STATES CONSTITUTION
PLATTEN LAW OFFICE TYLER, TEXAS
TEXAS DEPARTMENT OF PUBLIC SAFETY
MADD Mother’s Against Drunk Driving