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Questions Answered by Mark A. Siesel
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?
I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More 
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Mark A. Siesel
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answered on Jan 6, 2025
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answered on Jan 6, 2025
Under no circumstances should you speak to the lawyer for the plaintiff without a lawyer representing you. Any statements or admissions you make to that lawyer will be used in the civil case against you, and if you have inadequate liability coverage but have assets above that coverage, could be... View More
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
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Mark A. Siesel
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answered on Nov 26, 2024
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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
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.
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Mark A. Siesel
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answered on May 15, 2023
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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
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?
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Mark A. Siesel
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answered on May 4, 2023
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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
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
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Mark A. Siesel
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answered on Apr 23, 2023
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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
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?
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Mark A. Siesel
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answered on Apr 23, 2023
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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
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
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Mark A. Siesel
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answered on Apr 21, 2023
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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
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
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Mark A. Siesel
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answered on Apr 20, 2023
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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
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
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Mark A. Siesel
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answered on Apr 20, 2023
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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
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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?
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Mark A. Siesel
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answered on Apr 17, 2023
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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
Q: How will having no "priors" on my records affect my sentencing on a felony now?
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Mark A. Siesel
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answered on Sep 9, 2011
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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.
Q: How do I calculate the time from a previous felony conviction for purposes of sentencing on a new case?
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Mark A. Siesel
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answered on Sep 9, 2011
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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.
Q: How many classifications of misdemeanors are there in New York?
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Mark A. Siesel
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answered on Sep 2, 2011
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answered on Sep 2, 2011
There are A and B misdemeanors, and unclassified misdemeanors.
Q: How long can I possibly be sentenced on a Class B felony?
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Mark A. Siesel
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answered on Sep 2, 2011
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answered on Sep 2, 2011
The maximum sentence on a Class B felony is 25 years in state prison.
Q: What level felony is criminal possession of a controlled substance in the second degree?
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Mark A. Siesel
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answered on Sep 2, 2011
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answered on Sep 2, 2011
Criminal possession of a controlled substance in the second degree is an A-11 felony.
Q: Is there any chance that I can plea bargain my DWAI to a non-drinking infraction?
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Mark A. Siesel
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answered on Aug 9, 2011
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answered on Aug 9, 2011
No, there is no possibility of a non-alcohol plea bargain for any alcohol infraction or crime.
Q: I am 19 years old and I just was found guilty of a DWAI. How long will I lose my license for?
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Mark A. Siesel
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answered on Aug 9, 2011
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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.
Q: What proof is there that I completed the Drinking Driver Program and who receives it?
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Mark A. Siesel
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answered on Aug 9, 2011
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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
Q: How long is the Drinking Driver Program that the Judge ordered me to take?
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Mark A. Siesel
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answered on Aug 9, 2011
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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.
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.
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Mark A. Siesel
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answered on Aug 5, 2011
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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
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