Questions Answered by Mark A. Siesel

2 Answers | Asked in DUI / DWI for New York on Aug 9, 2011

Mark A. Siesel's answer
A "Notice of Completion" will be sent to the Department of Motor Vehicles when you successfully complete the program. The DMV will then determine if you are eligible to be reinstated or not. For example, if there was a refusal to take a chemical ...
 
 

2 Answers | Asked in Injury Law for New York on Aug 2, 2011

Mark A. Siesel's answer
Although the case can be settled, it must be done in Court under the supervision of a judge, who must approve the settlement and issue what is known as an "Infant Compromise Order." The judge will review the settlement, see your child, review ...
 
 

4 Answers | Asked in Injury Law for Oregon on Nov 20, 2010

Mark A. Siesel's answer
In Oregon, the statute of limitations is 3 (three) years from the date of death of the decedent.
 
 

2 Answers | Asked in Collections Law for New York on Jul 9, 2011

Mark A. Siesel's answer
You have twenty years from the date of the judgment to execute on that judgment. Collection lawyers are very good at locating assets of a party f they have them, and similarly to personal injury lawyers, they often only take their fee if they recover ...
 
 

1 Answer | Asked in Criminal Law for New York on Sep 9, 2011

Mark A. Siesel's answer
If you have no prior felonies on your record, or none within the last ten years, you are eligible for the lowest range of sentencing when the presiding judge sentences you.
 
 

1 Answer | Asked in Criminal Law for New York on Sep 9, 2011

Mark A. Siesel's answer
The time from your last felony conviction begins to run on the date that you are released from prison on the previous conviction.
 
 

1 Answer | Asked in Criminal Law for New York on Sep 2, 2011

Mark A. Siesel's answer
There are A and B misdemeanors, and unclassified misdemeanors.
 
 

1 Answer | Asked in Criminal Law for New York on Sep 2, 2011

Mark A. Siesel's answer
The maximum sentence on a Class B felony is 25 years in state prison.
 
 

1 Answer | Asked in Criminal Law for New York on Sep 2, 2011

Mark A. Siesel's answer
Criminal possession of a controlled substance in the second degree is an A-11 felony.
 
 

1 Answer | Asked in DUI / DWI for New York on Aug 9, 2011

Mark A. Siesel's answer
No, there is no possibility of a non-alcohol plea bargain for any alcohol infraction or crime.
 
 

1 Answer | Asked in DUI / DWI for New York on Aug 9, 2011

Mark A. Siesel's answer
Since you are under the age of 21, the license revocation for a DWAI is a minimum of one year. For adults, there is a 90 day license suspension on a first time DWAI.
 
 

1 Answer | Asked in DUI / DWI for New York on Aug 9, 2011

Mark A. Siesel's answer
The class is 7 weeks, and each session lasts approximately two to three hours. Total classroom time is 16 hours to complete the program.
 
 

1 Answer | Asked in DUI / DWI for New York on Aug 4, 2011

Mark A. Siesel's answer
The officer who asked you to do the HGN should have questioned you about any illnesses, medications, you were taken or conditions which would make it impossible for you to comply with the three parts of the HGN test. He could have performed the other two ...
 
 

1 Answer | Asked in Criminal Law for New York on Aug 5, 2011

Mark A. Siesel's answer
Criminal mischief in the 3rd degree is an E felony. The maximum sentence on an E felony is 4 years.
 
 

1 Answer | Asked in Criminal Law for New York on Aug 5, 2011

Mark A. Siesel's answer
Yes, Criminal sale of marijuana in the first degree is a Class C felony under Section 221.55 of the New York State Penal Law.
 
 

1 Answer | Asked in Injury Law for New York on Aug 2, 2011

Mark A. Siesel's answer
Yes. A motion can be made to the Court for a "special preference." The motion woudl include a report from the plaintiff's treating doctor about the bad diagnosis and plaintiff's limited life expectancy and the motion will be granted.
 
 

1 Answer | Asked in Injury Law for New York on Aug 2, 2011

Mark A. Siesel's answer
If one of the parties dies, a representative of that party's estate must be appointed to replace the party. The Representative could be a spouse, another family member, or if the person died without a will, the public administrator of the county ...
 
 

1 Answer | Asked in Traffic Tickets for New York on Aug 2, 2011

Mark A. Siesel's answer
Good question. The answer is no, they cannot, as the Vehicle & Traffic Law does not permit the introduction into evidence of prior moving violations to prove that you committed this one.
 
 

1 Answer | Asked in Injury Law for New York on Aug 2, 2011

Mark A. Siesel's answer
Pursuant to the Pubic Authorities Law, the case must be commenced within one year of the date of the accident, after giving the MTA Bus Company a thirty day opportunity to resolve the case. Note that this is less time to start a case than is permitted to ...
 
 

1 Answer | Asked in Traffic Tickets for New York on Jul 26, 2011

Mark A. Siesel's answer
You need to make a request to the judge on your case that he exonerate your bail and explain to the judge the circumstances of losing your receipt. The judge can order that the clerk r return the money to you.