Unfortunately, this conviction cannot be removed for your record. Only convictions which are sealed at the time of the conviction, or youthful offender convictions, are not disclosed in the future, but there are no convictions to a criminal charge which can be "removed" from your record.
This is a doctrine which is no longer in effect in New York (it was repealed in 1975) which holds that if a plaintiff is even 1% at fault for his or her own accident, they cannot recover any damages for their injuries.
The doctrine of comparative negligence examines the negligence or carelessness of each of the parties and "compares" them to determine the percentages of fault in a case. For example, if a plaintiff (person who is suing) is 30% at fault for an accident, then the plaintiff could only...Read more »
Assumption of risk is a defense asserted by defendants in cases where it is claimed that the activity that the plaintiff was engaging in was risky, such as skiing, skydiving, bungee jumping, or a whole list of sports such as basketball, football, hockey and lacrosse, as a few examples. The...Read more »
Mitigation of damages means that the plaintiff, or person who is suing, take measure that can reasonably be taken to reduce the amount for damages he or she suffers. For example, mitigating damages in a personal injury case would be to follow a doctor's orders to obtain physical therapy...Read more »
There is no statutory requirement that you agree to perform the field sobriety tests when the officer asks you to do so. However, at trial, the DA will probably be permitted to introduce your refusal to perform these tests as some evidence of guilt in the drunk driving case against you. Unlike...Read more »
The standardized Field Sobriety Tests are the horizontal gaze nystagmus, during which the officer examines involuntary movement of the eyes while following a stimulus, the "walk and turn", in which the person is asked to walk along a straight line, heel to toe, for nine steps and then...Read more »
The basic ways are either bringing a suit which involves a federal question or federal statute, or having a case between citizens of different states (known as a diversity case) an in which the amount being sued over exceeds $75,000. In the diversity example, it is important to remember that all...Read more »
If the officer does not appear for the first scheduled hearing, it will be adjourned by the Judge. If the officer does not appear the second time, the judge will proceed with the hearing utilizing the police report and report of refusal as evidence of the alleged refusal.
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.
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...Read more »
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.
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