Jared Clayton Austin’s Answers

Jared Clayton Austin

Lansing Criminal Defense Attorney.

Contributor Level 19
  1. How can the court dismiss the charge of Operating While Intoxicated?

    Answered over 1 year 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 possible to get a dui that blew .17 reduced in grand haven on a first offense /

    Answered 27 days ago.

    1. Jared Clayton Austin
    2. John B. Elbert
    3. Edward Jacob Sternisha
    4. Becket J. Jones
    5. Shawn James Haff
    6. ···
    7 lawyer answers

    Sure it's possible. However, there may be deficiencies or evidentiary problems that could get a further reduction or even a dismissal. You need an experienced trained eye to thoroughly evaluate your case. Look for an attorney that makes OWI defense a substantial portion of their practice.

    16 lawyers agreed with this answer

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

    Answered about 1 year 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

  4. The court order from a DUI sentencing has a completely wrong date and time of when the DUI arrest occurre? Sentence still stands

    Answered 5 months ago.

    1. James Alex Kolosowsky
    2. Jared Clayton Austin
    3. Frank B. Ford
    4. John F. Brennan
    5. Jay Scott Finnecy
    6. ···
    9 lawyer answers

    It should have been corrected the time of sentencing. Now it's too late. However, that is not the type of error that would get you back into court for re- sentencing because I fail to see how that would have affected your sentence.

    13 lawyers agreed with this answer

  5. Does my friend need a lawyer?

    Answered over 1 year 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

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

    Answered over 1 year 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

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

    Answered about 1 year 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

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

    Answered over 1 year 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

  9. 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 over 1 year 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

  10. 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 over 1 year 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