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Questions Answered by Mark A. Siesel
1 Answer | Asked in Traffic Tickets for New York on
Q: If I go to Court to fight my traffic ticket, who will I speak with?
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answered on Jul 19, 2011

It will either be a town prosecutor or a police officer, depending on the Court. Occasionally, it is one police officer that is assigned to negotiate all tickets but is not the officer who issued the ticket.

1 Answer | Asked in Traffic Tickets for New York on
Q: My license was just suspended because I ahem 11 points. How long will it be suspended?
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answered on Jul 19, 2011

Generally it will be suspended for 6 months, unless you are a youthful operator or have other DMV issues over that 6 month suspension time period, or if you don't pay the suspension lift fee.

1 Answer | Asked in Traffic Tickets for New York on
Q: What is a supporting deposition? I see on the back of my traffic ticket they ask me if I want one.
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answered on Jul 19, 2011

A supporting deposition is a report prepared by the officer that gave you the ticket that describes in detail what he observed and why he issued the violation. If you intend to try to plead the ticket down rather than go to trial, it is usually not a good idea to request a supporting deposition,... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: I've heard that I should try to get a "1201a' on my u-turn ticket. What is a 1201(a)?
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answered on Jul 19, 2011

A 1201 (a) means a parking on pavement ticket, which is a 0 point violation and usually is a $75.00 fine. That is an excellent resolution of a u-turn ticket, which is a 3 point violation with a fine and surcharge which will probably be around $180.00.

1 Answer | Asked in Criminal Law for New York on
Q: What is the age cut off for children in the car under Leandra's Law makes a DWI a felony?
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answered on Jul 19, 2011

If you have children under the age of 16 in the car and are charged with a DWI, it will be charged as a felony under Leandra's Law.

1 Answer | Asked in Criminal Law for New York on
Q: When did Leandra's Law come into effect?
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answered on Jul 19, 2011

The law initially went into effect in December of 2009 but was fully in effect in August of 2010.

1 Answer | Asked in Car Accidents for New York on
Q: How long do I have to arbitrate a denial of my no-fault benefits?
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answered on Jul 19, 2011

Because this is a contractual issue between you and your auto insurance company, there is a six year statute of limitations on the no-fault denial.

1 Answer | Asked in Criminal Law for New York on
Q: On my criminal case, the surcharges were almost as bad as the fines from the Court--can't they be reduced like the fine?
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answered on Jul 19, 2011

No. The surcharges are set by New York State and the Judge has no flexibility in imposing these charges as part of your sentence.

1 Answer | Asked in Criminal Law for New York on
Q: What does an ACD mean?
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answered on Jul 19, 2011

An ACD means adjourned in contemplation of dismissal. If you abide by the Court's directives, after a 6 month or one year period, (whichever the Judge decides) the case is dismissed against you.

1 Answer | Asked in Car Accidents for New York on
Q: Is it true that using a cell phone in the car is no longer a 0 point ticket?
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answered on Jul 19, 2011

Yes, that is true. As of February of this year, a hand held cell phone ticket is now a 2 point infraction.

1 Answer | Asked in Car Accidents for New York on
Q: I heard that the texting while driving law just got tougher. Is that true?
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answered on Jul 19, 2011

Yes, that is true. Texting while driving is now a primary violation, meaning that an officer can pull you over for this violation alone. Previously, it was a secondary violation, which meant that you had to be speeding, going through a red light or committing some other traffic infraction in... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: I got a ticket for passing a school bus and speeding. Will I lose my license?
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answered on Jul 18, 2011

Passing a school bus is a 5 point ticket if you are convicted, and points on speeding tickets depend on how much you are charged with being over the speed limit. For example, if the officer claimed that you were exceeding the speed limit by 15 m.p.h. that would be a 4 point ticket, and you would... View More

1 Answer | Asked in Products Liability for New York on
Q: Where do I get the ignition interlock device installed?
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answered on Jul 18, 2011

The Court will give you a list of approved ignition interlock device installers and you must use one of them, and then provide proof of the installation.

1 Answer | Asked in DUI / DWI for New York on
Q: What are the fees associated with installing an ignition interlock device?
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answered on Jul 18, 2011

The fees include the installation fee, as well as a monthly maintenance fee for the length of time the device is required to be maintained, which is usually one year.

1 Answer | Asked in Criminal Law for New York on
Q: What if I cannot afford to pay for the ignition interlock on my DWI sentence?
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answered on Jul 18, 2011

You will be asked to prepare a several page financial disclosure form. If you can establish that based on salary, assets, and debts, you cannot pay fro the ignition interlock, the State will pay for the device.

1 Answer | Asked in Car Accidents for New York on
Q: How long will it take the police to prepare a report of my accident?
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answered on Jul 18, 2011

This depends on which agency investigated the accident. In my experience, the State police generally take a little longer to prepare the report (maybe a week), whereas the local police agencies will prepare the report within a couple of days of the accident.

1 Answer | Asked in Traffic Tickets for New York on
Q: Where do I obtain a certificate of disposition?
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answered on Jul 18, 2011

You get this certificate from the clerk of the Court where your case was decided. There is often a small fee of $5.00 or $10.00 for the certificate.

1 Answer | Asked in Personal Injury for New York on
Q: What happens at a deposition?
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answered on Jul 18, 2011

At a deposition, you will be sworn in by a court reporter and then asked questions by your opponent's attorney about your background (family, education, employment), your accident, your injuries, and your treatment, among other topics

1 Answer | Asked in Personal Injury for New York on
Q: The defense attorneys in case are trying to move the case out of Brooklyn? What are the deciding factors here?
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answered on Jul 18, 2011

If one of the parties resided in Brooklyn of the time of the accident, that is an automatic that the case will not be moved. If residence of the parties is in question at the time of the accident, the convenience of the witnesses, both eyewitness and medical witnesses, is a critical factor. Court... View More

1 Answer | Asked in Personal Injury for New York on
Q: Can I be asked about criminal charges at a deposition?
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answered on Jul 18, 2011

The attorney representing your adversary is not permitted to ask about either pending or previous criminal charges. The attorney is permitted to ask about criminal convictions, however.

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