Jared Clayton Austin’s Answers

Jared Clayton Austin

Lansing Criminal Defense Attorney.

Contributor Level 18
  1. How can the court dismiss the charge of Operating While Intoxicated?

    Answered 11 months ago.

    1. Jared Clayton Austin
    2. Gerald R Stahl
    3. Samuel Cohen
    4. Becket J. Jones
    5. Tracy Torni Gaudenzi
    6. ···
    11 lawyer answers

    If you already have an attorney you should be asking him this question. The case will not be dismissed unless there are some serious problems that your attorney can bring to their attention.

    Selected as best answer

  2. Is it legal for the prosecutor to threaten to add a new charge in order to coerce a plea?

    Answered 8 months ago.

    1. Jared Clayton Austin
    2. David B. Carter Jr.
    3. Ezra N. Goldman
    4. Jeffrey Scott Kaplan
    5. Kevin H. Pate
    6. ···
    7 lawyer answers

    It's not coercion if it is something he is lawfully allowed to do. For example, it is not coercion to say I'm going to turn you over to collections if you don't pay the debt you owe me. A prosecutor can "threaten" to add charges if the facts support it. That is not an uncommon practice.

    14 lawyers agreed with this answer

  3. Does my friend need a lawyer?

    Answered 11 months ago.

    1. Jared Clayton Austin
    2. Andrew Charles Lapres
    3. John F. Brennan
    4. Richard Wynn
    5. Samuel Cohen
    6. ···
    7 lawyer answers

    He definitely needs a lawyer. Not just any lawyer, but one who concentrates heavily on OWI defense as these are very complex and scientific cases. The chemical test that is administered at the hospital or jail is the admissible one as it indicates your BAC at the time he was driving. The rodside breathalyzer is used to establish probable cause for the arrest and is rarely admissible at trial. There are a lot of factors that go into a drunk driving case. Especially if he has prior DUI...

    13 lawyers agreed with this answer

  4. Will my judge send me to jail for violating probation by blowing a .019

    Answered 11 months ago.

    1. Jared Clayton Austin
    2. Robert E. Harris Jr.
    3. David B. Carter Jr.
    4. Christopher Daniel Leroi
    4 lawyer answers

    It will depend on who your judge is. Almost no one emerges from sobriety court with an immaculate record as it is so long and rigorous that it is not uncommon for participants to get four or five violations and still be in the program. However, testing positive for any amount of alcohol while in sobriety court or on probation for a drunk driving offense is never good. Even if the positive test was a result of cough syrup or some other alcohol-based product, that is no excuse and still a...

    13 lawyers agreed with this answer

  5. I am under 21 and facing a zero tolerance owi. What can I get this reduced to

    Answered 10 months ago.

    1. Jared Clayton Austin
    2. Joshua Duane Jones
    3. David B. Carter Jr.
    4. Gary K. Springstead
    5. Stacey M. Washington
    5 lawyer answers

    That depends on a number of factors including the strenghth of the case against you and the policy of the prosecutor's office. A lot of jurisdictions will offer you Impaired Driving but some will not. There is a lot of political pressure from outside groups on prosecutors to be really tough on drunk driving cases. If you get a better plea offer, it will not be without the assistance of an experienced. DUI attorney from your area. Your entire case needs to thoroughly reviewed for any errors...

    12 lawyers agreed with this answer

  6. Does a person have a constitutional right to drink at home even if on probation for dui?

    Answered 10 months ago.

    1. Matthew Gregory Swartz
    2. Rolland Sizemore III
    3. Becket J. Jones
    4. Jared Clayton Austin
    5. Andrew Charles Lapres
    6. ···
    10 lawyer answers

    There is no constitutional right to consume alcohol. With that being said, even if it were, you give up some of your rights to things you would ordinarily be allowed to do by being on probation. Probation is an act of grace-- an alternative to incarceration. With that, you give up some things that would otherwise be lawful for you to do such as travel, consuming alcohol, taking medical marijuana, associating with known felons, and possessing weapons. If you are on probation for a DUI, you...

    12 lawyers agreed with this answer

  7. I am a immigrant and have a dui in 2011. My wife is sponsoring for my greencard and after that dui , i never got in no trouble.

    Answered 11 months ago.

    1. Jared Clayton Austin
    2. Stephanie Elizabeth Gibbs
    3. Stephen D. Berman
    4. Samuel Cohen
    5. David B. Carter Jr.
    5 lawyer answers

    A DUI is generally not considered a crime of moral turpitude without aggravating factors. Consult with an immigration attorney on this issue for a more precise answer. You may also consider re posting this question in the immigration section better pull of immigration lawyers to answer your question.

    12 lawyers agreed with this answer

  8. I am on bond & have PBTs every morning @ the police station. Today I blew .012% but wasn't given a second test. What now?

    Answered 11 months ago.

    1. Scott Matthew Aaronson
    2. Jan Jeffrey Rubinstein
    3. Jared Clayton Austin
    4. David B. Carter Jr.
    5. Robert E. Harris Jr.
    5 lawyer answers

    I agree with the other attorney responses. Have a private lab review the results immediately. Also, get copies of the maintenance and calibration records. Have your attorney review everything for any procedural errors or protocol violations. If have not already retained one, consult with an experienced Michigan OWI immediately.

    12 lawyers agreed with this answer

  9. I have a ccw just found out it was suspended in Michigan never got any thing in the mail so what could happen

    Answered 11 months ago.

    1. Jared Clayton Austin
    2. David B. Carter Jr.
    3. Robert E. Harris Jr.
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    Not sure why this is posted in the DUI section. What are you referring to as being suspended? Your drivers license or a concealed carry permit? Generally, CCW refers to a carrying a concealed weapons charge but it can also refer to a concealed weapons permit. More information is needed before an accurate answer can be given. Please clarify.

    12 lawyers agreed with this answer

  10. This is a follow-up question. Is it true that a DUI conviction will only stay on your record for as long as 15 years?

    Answered 12 months ago.

    1. Jared Clayton Austin
    2. Frank B. Ford
    3. Becket J. Jones
    4. David B. Carter Jr.
    5. Ted Harvatin
    6. ···
    7 lawyer answers

    It depends on what you mean by record. A DUI, like all driving offenses, remain forever on your criminal record and can never be expunged or set aside. However, it cannot be used to charge you for a second offense OWI unless it occurs within seven years of the first offense. If you are applying to have your drivers license reinstated or restored, that is something that will be disclosed to the hearing officer as they must know about all of your DUI and driving related convictions and offenses....

    12 lawyers agreed with this answer