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Questions Answered by Mark A. Siesel
1 Answer | Asked in Traffic Tickets for New York on
Q: I know there is a driver safety class I can take to reduce points on my license. How often can i take this class?
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answered on Jul 29, 2011

You can take the driver safety class once every 3 years, and it an now be taken online as well as in a classroom.

1 Answer | Asked in Car Accidents for New York on
Q: Can I collect lost earnings under the no-fault provision of my car insurance?
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answered on Jul 29, 2011

Yes. You will need to provide proof of employment through a form which get submitted to your employer, or if you are self employed, the insurance company will request documentation to prove your lost earnings, including 1099's or other self employed earnings documentation.

1 Answer | Asked in Personal Injury for New York on
Q: Are there jury trials in a case against the State of New York?
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answered on Jul 27, 2011

No, cases against the State of New York are brought in the Court of Claims, which only has trials before a judge, known as "bench trials."

1 Answer | Asked in Wrongful Death for New York on
Q: What are the elements of damage in a New York wrongful death case?
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answered on Jul 27, 2011

In a wrongful death case in New York, the family members of the deceased can sue for pecuniary loss, or the loss of the financial contributions that the deceased was contributing by way of salary, pension, future earnings potential and benefits. Additionally, there can be a claim for loss of... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I was just charged with aggravated DWI. If I pled guilty, how long will I lose my license for?
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answered on Jul 27, 2011

On a first time conviction or pleas of guilty to an aggravated DWI, your license will be revoked for one year.

1 Answer | Asked in DUI / DWI for New York on
Q: If I fail to attend or complete the Drinking Driver Program, what will happen to my conditional license?
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answered on Jul 25, 2011

Your conditional license will be revoked if you do not complete the Drinking Driver Program and you will have no driving privileges for the length of your revocation or suspension period.

1 Answer | Asked in DUI / DWI for New York on
Q: If I get a second DWAI, how long will I lose my license?
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answered on Jul 25, 2011

On a second DWAI, your license will be revoked for 6 months, assuming you are referring to a non-commercial license. The penalties for a commercial license holder are much more severe, and at the very least, you would be looking at an 18 month revocation on a second DWAI with a commercial license.

1 Answer | Asked in DUI / DWI for New York on
Q: I know that you are allowed to attend the DDP once every 5 years. How is that 5 years measured?
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answered on Jul 25, 2011

The 5 years for the drinking driver program is from the date that you last completed the program until the next DWI arrest.

1 Answer | Asked in DUI / DWI for New York on
Q: How long does the Drinking Driver Program go on for?
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answered on Jul 25, 2011

The program lasts 7 weeks and encompasses approximately 15 class hours.

1 Answer | Asked in DUI / DWI for New York on
Q: What is a 20 day order?
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answered on Jul 25, 2011

This is also known as a 20 day "stay". In a DWI case in which there has not been a refusal, it "stays" the proceedings for 20 days, and allows for a driver pleading guilty to a DWI charge to begin driving with a conditional license (to and from work, day care, doctor's... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: My brakes failed on the highway and I hit a car. The officer gave me a ticket for inadequate brakes. How many points?
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answered on Jul 24, 2011

The traffic infraction of inadequate brakes is a 4 point violation.

1 Answer | Asked in Car Accidents for New York on
Q: The defendant in my car accident case is trying to move the case to federal Court. Can he do this?
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answered on Jul 24, 2011

Under the doctrine of diversity jurisdiction, if you are a citizen of one state, and all defendants are citizens of a different state, and the amount being sued for is in excess of $75,000.00, then the defendant has a right to move the case to federal Court. However, there are strict time frames... View More

1 Answer | Asked in Personal Injury for New York on
Q: What is the Infant Compromise Order?
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answered on Jul 24, 2011

Before a case can be settled involving an infant plaintiff, the plaintiff's attorney must submit papers to the judge on the case to obtain the judge's approval of the settlement--that the "settlement is in the best interests of the infant." Thus, the attorney submits to the... View More

1 Answer | Asked in Personal Injury for New York on
Q: What happens at an infant compromise hearing?
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answered on Jul 24, 2011

At the infant compromise hearing, the attorney accompanies the parent and the infant plaintiff to a short conference with the presiding Judge. In a case involving an infant plaintiff, the Judge must approve the settlement. Part of that approval is speaking directly with the parent and infant to... View More

1 Answer | Asked in Personal Injury for New York on
Q: My 14 year old daughter was in an accident. Who can start the case on her behalf?
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answered on Jul 23, 2011

The case can be started either by you, or by her father, or if there is another legal guardian if you did not have custody of your daughter.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: If I win a judgment in my case and the defendant decides to appeal, do I get interest on the judgment if he loses?
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answered on Jul 23, 2011

Yes, you would get 9% interest on the judgment per year.

1 Answer | Asked in Wrongful Death for New York on
Q: My uncle died as the result of malpractice by one of his physicians. How long do we have to sue for his death?
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answered on Jul 23, 2011

The statute of limitations on a wrongful death case in New York is 2 years. Usually a case like this would be brought either by your aunt if she is still alive, and if not, by one of his children, assuming he had children.

1 Answer | Asked in Personal Injury for New York on
Q: What happens in a case if one of the parties dies?
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answered on Jul 23, 2011

If one of the parties in a lawsuit dies, a representative of the estate of that person needs to be substituted. If the person has a will, it would be the executor or executrix of the estate. If the person does not have a will, and no relatives to substitute as a representative of the estate,... View More

1 Answer | Asked in Wrongful Death for New York on
Q: What is the statute of limitations in a wrongful death case?
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answered on Jul 23, 2011

The statute of limitations in a wrongful death case is 2 years.

1 Answer | Asked in Libel & Slander for New York on
Q: Is it lgal to post false allegations on the internet?
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answered on Jul 23, 2011

If allegations that are untrue are published in any form, whether it be on the internet, in a newspaper, an e-mail, a letter, a fax or any other format, this can create liability against the publisher of the false allegations. Keep in mind that if you intend to take legal action, you must act... View More

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