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answered on Jul 18, 2011
The Drinking Driver Program should run for seven weeks, once a week.
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answered on Jul 18, 2011
The fine is generally around $500.00 and the surcharge is $400. However, there will be other fees to attend the mandatory Drinking Driver Program, the Victim Impact Panel, and the Driver' Responsibility Assessment, as well as for any court ordered substance abuse treatment if the judge... View More 
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answered on Jul 18, 2011
This is a tax assessed by the Department of Motor Vehicles on all drunk driving related charges, as well as on speeding tickets in certain situations. On DWI cases, the assessment is $750.00, which can be paid all at once or in three annual installments of $250.00. If it is not paid, your license... View More
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answered on Jul 18, 2011
It will be suspended for 6 months.
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answered on Jul 18, 2011
Usually, the judge will adjourn (postpone) the matter one time to allow the Officer a second chance to appear. If he or she does not appear the second time, you should move to dismiss the case and this will be granted.
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answered on Jul 18, 2011
You are certainly entitled to contact the witness to find out what he or she observed. If you have already retained an attorney, the better course of action might be to have an investigator hired by the attorney attempt to obtain a statement from the witness.
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answered on Jul 18, 2011
You are required to cooperate with your auto insurance company, including giving them a statement if they request one. However, you should not under any circumstances, give a statement to the insurance company of the car you were in the accident with, unless you have cleared this with your lawyer,... View More
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answered on Jul 18, 2011
You may possibly have a case, and in the event that the owner of the sidewalk is a municipality, you must make sure to file a proper notice of claim against that municipality within 90 days of the accident. However, another issue you will have is that under New York law, the defense to the case... View More
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answered on Jul 17, 2011
The statute of limitations on a defective product case in New York is three years from the date of injury.
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answered on Jul 17, 2011
This depends on which County your case is pending in, and how congested the trial calendar is in that County. Traditionally, there has always been a very long wait for trial in the Bronx and Brooklyn, since thees have always been more plaintiff oriented counties, and plaintiffs' attorneys... View More
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answered on Jul 17, 2011
This is part of the defense of all personal injury cases. The doctor who examines you will in all likelihood be testifying at the trial of your case (if it goes that far) on behalf of the defendant, that your injuries are not as serious as you and your treating doctors believe them to be.
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answered on Jul 17, 2011
Under Section 240 of the New York State Labor Law (The Scaffold Law), the defense of "recalicitrant worker" is one of the only defenses to this law, which provides that if you were injured in a fall from a defective ladder or scaffold, the defendant owners or contractors that provided the... View More
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answered on Jul 17, 2011
Generally speaking, the physicals usually are scheduled in the County where the case is pending. However, sometimes defendant attorneys will claim that they were not able to find a physician with that particular specialty in the County where the case is pending. This is usually a situation where... View More
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answered on Jul 17, 2011
Generally speaking, the attorney will pay the expenses of the case up front, and then at the end of the case, the expenses are deducted from the settlement or verdict proceeds. In the case of my own clients, I take my fee off of the net proceeds (after deducting for expenses, so that I am paying... View More
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answered on Jul 16, 2011
It used to be that a cell phone ticket was a no point traffic infraction. However, on February 16, 2011, the New York Legislature changed the law and made a cell phone infraction a 2 point violation, along with a fine and surcharge. There is generally no reduction on this ticket, but it is... View More
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answered on Jul 16, 2011
In order to be convicted of a crime, the prosecution must be able to prove that the defendant committed whatever act he or she is being charged with, and that he or she had the "mens rea" or criminal intent to commit the crime.
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answered on Jul 16, 2011
If you or your passenger are caught tampering with, or the other person is blowing into the ignition interlock device, you are both subject to misdemeanor charges.
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answered on Jul 16, 2011
Yes, since the passage of Leandra's Law in 2009, it is mandatory that you install and maintain an ignition interlock in any vehicle you own and operate if you are convicted of, or plead guilty to a DWI.
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answered on Jul 16, 2011
No. The statute of limitations on a medical malpractice case is 2 1/2 years from the date of the last treatment so it is too late to bring a claim now, 3 years after the surgery.
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answered on Jul 16, 2011
That depends on many factors. In a lot of cases, the parties agree to "mandatory arbitration" of any disputes. If you are a signatory to such an agreement, you cannot transfer the case to normal Court proceedings. If the case has already been decided in an arbitration, an appeal can... View More
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