Jennifer Jane Clayton’s Answers

Jennifer Jane Clayton

Dallas Contracts / Agreements Lawyer.

Contributor Level 8
  1. Question about first time DWI in TX

    Answered over 2 years ago.

    1. Kevin Rindler Madison
    2. Jennifer Jane Clayton
    3. Robert C. Slim
    4. Christian K. Lassen II
    4 lawyer answers

    Just because he had been drinking does not mean he was driving under the influence. Field sobriety tests are subjective and police are often mistaken about whether or not someone is committing a DUI. If it had been 7 hours since his last drink, it is possible that your brother was legally sober at the time of the test. Even sober people who have nothing to drink sometimes have a hard time passing the field sobriety tests. Don't just believe that the police are right about the DUI. A DUI...

    7 lawyers agreed with this answer

  2. Do I need to be fully recovered before I negociate settlement ?

    Answered almost 3 years ago.

    1. Raymond Scott Costantino
    2. Jennifer Jane Clayton
    3. Marc Christopher Lenahan
    4. Christian K. Lassen II
    5. Carmine John Giardino
    6. ···
    7 lawyer answers

    You do not have to be fully recovered to negotiate with the insurance company. You should be aware that if you plan to do a negligence claim, there is a 2-year statute of limitations in Texas and you should consult an attorney as soon as possible to protect your rights. You should follow your doctor's medical advice and keep your attorney informed regarding the state of your health and recovery

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Seperation in common law

    Answered over 2 years ago.

    1. Jennifer Jane Clayton
    2. Samuel E. Bassett
    3. Eric B. Dick
    3 lawyer answers

    If you did not hold yourselves out to third parties as husband and wife, then you are not legally considered married under common law. If the parties decide not file a Declaration of Informal Marriage, a finding of the existence of a common law or informal marriage is only justified if the evidence shows that: 1. The parties agreed to be married; 2. The parties lived together in Texas as husband and wife; and 3. The parties have publicly represented themselves as married. All three...

    3 lawyers agreed with this answer

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  4. My 20 year old son was pulled over for "rolling a stop sign" his BAC was .036 and he was charged with 23136 do I need a lawyer?

    Answered over 2 years ago.

    1. Michael Rutledge Norton
    2. Jennifer Jane Clayton
    3. Kevin Samuel Sullivan
    4. Ted Harvatin
    4 lawyer answers

    Under Section 23136, "it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle." You should definitely seek advice from a local DWI/DUI lawyer. A lot will depend on the type of test given to check his BAC. If it was a Breathalyzer test, then it may be argue that the test was inaccurate. Alcohol breath testers don’t actually...

    5 lawyers agreed with this answer

  5. Common law

    Answered over 2 years ago.

    1. Jennifer Jane Clayton
    2. Sharon Denise Demarque
    2 lawyer answers

    You need to determine if you had a valid common-law marriage. In order to enter into a valid marriage in Texas, whether ceremonial or common law, the parties must possess the requisite capacity to marry. In order to establish a valid marriage in Texas, the parties must: 1. Be a man and woman (Texas Family Code §2.001 and §2.401); 2. Not have been divorced within the past thirty days [Texas Family Code §2.002]; 3. Not be presently married to a third party [Texas Family Code §2.002]; 4....

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  6. If state alleges technical PV to conditions & I plead true can state ever use that against me again? The allegation is false.

    Answered over 1 year ago.

    1. Leonard C. Morales
    2. Jon Michael O'Toole
    3. Jennifer Jane Clayton
    3 lawyer answers

    If YOUR attorney will not explain why he wants you to plead without giving you an explanation as to why, you need a new attorney. You are the one facing the consequences, not him. Even if he is correct, you need to understand why. If some allegations are true, it might be beneficial to acknowledge those allegations, but it depends on the facts. Without knowing all the facts, it is not possible to offer more advice.

    2 lawyers agreed with this answer

  7. IS it legal to do body Rubs in texas ?

    Answered almost 3 years ago.

    1. Jennifer Jane Clayton
    2. Jeffrey Bruce Gold
    3. Brian S Wayson
    3 lawyer answers

    Yes, as summing you are speaking in terms of massage therapy. Under the Texas Massage Therapy Act (Chapter 455 of the Texas Occupations Code), the definition of massage therapy includes the term "body rub": "Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and...

    2 lawyers agreed with this answer

  8. I would like to know if I needed permission from the Judge to file my second amended complaint.

    Answered almost 3 years ago.

    1. Jennifer Jane Clayton
    2. David James Manley
    3. Carmine John Giardino
    4. Gary Alan Armstrong
    5 lawyer answers

    It depends on whether you are in state court or federal court. As you are referring to a complaint and not a petition, I assume you are in federal court. The procedure rules in federal court are difficult and confusing and I would recommend you obtain an attorney well-versed in federal court proceedings as opposed to trying to do the case yourself. If you are in federal court, then yes, you will need to file a motion to file a second amended complaint pursuant to Federal Rule of Civil...

    2 lawyers agreed with this answer

  9. I would like to know if I needed permission from the Judge to file my second amended complaint.

    Answered almost 3 years ago.

    1. Jennifer Jane Clayton
    2. David James Manley
    3. Carmine John Giardino
    4. Gary Alan Armstrong
    5 lawyer answers

    It depends on whether you are in state court or federal court. As you are referring to a complaint and not a petition, I assume you are in federal court. The procedure rules in federal court are difficult and confusing and I would recommend you obtain an attorney well-versed in federal court proceedings as opposed to trying to do the case yourself. If you are in federal court, then yes, you will need to file a motion to file a second amended complaint pursuant to Federal Rule of Civil...

    2 lawyers agreed with this answer

  10. How can I get my sons biological father's rights taken away?

    Answered over 2 years ago.

    1. Jennifer Jane Clayton
    1 lawyer answer

    First, ask the biological father if he will voluntarily relinquish his parental rights; if not, you will have to file a petition. If it is not voluntary, it will be difficult. From the minimal facts given, it is not really possible to say what your chances are. I recommend you consult a local family law attorney to discuss your case in more detail.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful