Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Mark A. Siesel
3 Answers | Asked in Personal Injury, Internet Law and Libel & Slander for New York on
Q: Can I sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress

My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2024

To begin with, you mentioned that the incident happened years ago. Generally speaking, with some exceptions, personal injury actions (not medical malpractice) commenced against a non-municipal defendant have a three year statute of limitations. Additionally, based upon the fact pattern you... View More

View More Answers

3 Answers | Asked in Car Accidents and Insurance Defense for Oregon on
Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me

personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2023

If the car was not owned by you and you did not give your late husband permission to operate the vehicle, I see no basis for liability against you personally for this crash. If you are sued, and the auto liability insurance company does not provide a defense to you, you can retain your own private... View More

View More Answers

5 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for California on
Q: So I got my car back from body / mechanic shop where they repaired my front left wheel. 1 week later the whole wheel

Fell of and caused me to crash and injured my back and neck. Do I have a case?

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2023

Based upon the facts as you have described them, you would have the basis for a case. Here in New York, in an automobile crash case, you must prove: 1) that the defendant was negligent; 2) that the negligence of the defendant was a "proximate cause" or a substantial factor in causing the... View More

View More Answers

3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: i rear ended someone while driving uninsured. Now I am being sued. Not sure how to protect myself.

the lawsuit being filed is not only to represent the adults but every child as well in the vehicle. You couldn't even really tell there had been an accident but now they all have tremendous injuries and are seeking a ridiculous judgment against me. I am not sure what I should do to try to... View More

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2023

You need to retain a personal attorney to represent you in to protect your interests. This attorney can attempt to negotiate with the attorneys for the plaintiff, review the medical records of the occupants of the vehicle to determine the seriousness, or lack thereof, of their injuries and file... View More

View More Answers

1 Answer | Asked in Traffic Tickets for New York on
Q: Are undercover police allowed to perform traffic stops in NYC?

I was stopped by an undercover after getting off the exit from an expressway. I was told I was speeding. Then he proceeded to give tickets for tinted windows, cellphone, and a speeding ticket. Can I fight this and have all the tickets thrown out?

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2023

You can fight the tickets in the Manhattan Traffic Violations Court, but your argument about the status of the officer will fall flat. You could contest whether you were using the cellphone by obtaining prone records from your carrier, and question the accuracy of radar (if that is what was... View More

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I been involved in an accident last year where it was maybe a brake failed that caused the accident and I damaged 3 cars

Looking to see what type of lawyer would I look for regarding manufacturing defect or to go after Lexus themselves

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

If you get sued by any of the owners of the three cars that you damaged, your auto insurance company will retain a lawyer to represent you. Realistically, you won't find a lawyer to sue the automobile manufacturer under the theory of product liability unless you were seriously injured in the... View More

View More Answers

2 Answers | Asked in Car Accidents and Criminal Law for South Carolina on
Q: Who af fault when passanger jerkes stearing wheel and driver overcorrected and hit car head on?

Driver and passanger were arguing, passanger asked multiple times to be let out if the vehicle but driver denied. Passanger gerked the wheel causing car to go off road into a grass field; driver then corrected the vehicle but wasn't paying attention and didn't stop the car from crossing... View More

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

If you are the owner of the vehicle, as the liability is clearly on your car (the other driver doesn't appear from what you describe to have done anything wrong). If you were driving someone else's vehicle with their consent, both you and the owner are responsible under vicarious... View More

View More Answers

1 Answer | Asked in Traffic Tickets for New York on
Q: Cellphone ticket NYC. Officer stopped me 5 blocks from where he "observed" me (1548 ft) allegedly on the phone.

Location of occurrence is 5 blocks behind where the cops stopped me. First thing he said after he approached and looked inside, is that a GPS? (My cell phone was tucked between my torso and thigh, i literally have to look down and look at it and then i wouldn't be able to as it is upside down)... View More

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

You have a chance to fight it as you bring up legitimate evidentiary points which you can cross examine the officer as to how he could have observed the infraction, and the prosecution must prove a case beyond a reasonable doubt. But to answer your question more realistically, my long experience... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Idaho on
Q: I am caring for my mother in law with dementia. If she causes injury to another can I be held liable?

I am not a legal guardian, etc. just helping out. I've disabled her van to keep her from driving, but she says she is going to ride her wheelchair to town-multiple miles on a state highway. I am worried that if someone else is injured while she does something stupid like that, can I be held liable?

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2023

Based upon the facts as you have presented them, I do not see a basis for direct liability, or for what is known as "vicarious liability", such as if you had a child, he used your car with your permission, and injured someone. Thus, I believe that there is no legal responsibility on your... View More

1 Answer | Asked in Criminal Law for New York on
Q: How will having no "priors" on my records affect my sentencing on a felony now?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2011

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
Q: How do I calculate the time from a previous felony conviction for purposes of sentencing on a new case?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2011

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
Q: How many classifications of misdemeanors are there in New York?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2011

There are A and B misdemeanors, and unclassified misdemeanors.

1 Answer | Asked in Criminal Law for New York on
Q: How long can I possibly be sentenced on a Class B felony?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2011

The maximum sentence on a Class B felony is 25 years in state prison.

1 Answer | Asked in Criminal Law for New York on
Q: What level felony is criminal possession of a controlled substance in the second degree?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2011

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
Q: Is there any chance that I can plea bargain my DWAI to a non-drinking infraction?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2011

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
Q: I am 19 years old and I just was found guilty of a DWAI. How long will I lose my license for?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2011

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.

2 Answers | Asked in DUI / DWI for New York on
Q: What proof is there that I completed the Drinking Driver Program and who receives it?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2011

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 test, you would have to wait a full year... View More

View More Answers

1 Answer | Asked in DUI / DWI for New York on
Q: How long is the Drinking Driver Program that the Judge ordered me to take?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2011

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
Q: E: field sobriety test. What happens when the subject has congenital horizontal nystagmus?-and doesn't drink at all?

The horizontal nystagmus is quite visible and with horizontal nystagmus balance can be a slight issue at times. So walking in that line might be slightly wobbly.

Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2011

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 standardized FST's (walk and turn and... View More

1 Answer | Asked in Criminal Law for New York on
Q: Was just convicted of a 3d degree Criminal mischief. What is the most jail time I can be sentenced to by the judge?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2011

Criminal mischief in the 3rd degree is an E felony. The maximum sentence on an E felony is 4 years.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.