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Questions Answered by Mark A. Siesel
1 Answer | Asked in Personal Injury for New York on
Q: Which would be a better county to have my injury case in--Putnam County or Westchester County?
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answered on Jul 23, 2011

Both counties are generally defense oriented. However, in my opinion, Westchester is a slightly better county both in terms of how much juries award for plaintiffs and as to the percentage of cases won by plaintiffs.

1 Answer | Asked in Car Accidents for New York on
Q: How long will the no-fault medical examination last?
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answered on Jul 23, 2011

Generally, these examinations will last approximately 10-15 minutes.

1 Answer | Asked in Medical Malpractice for New York on
Q: When you win a malpractice case and medicare keep you from getting you money, can they do that.
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answered on Jul 23, 2011

Medicare cannot keep your from getting your money. However, if Medicare paid for some or all of your medical treatment, they assert a "lien" to claim that they are entitled to be paid back that money if you win your case. Depending on how much you won in your case, it is possible that... View More

1 Answer | Asked in Criminal Law for New York on
Q: At my arraignment, will I have to say anything?
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answered on Jul 23, 2011

Generally not, other than possibly confirming your identify for the judge. Your attorney should waive a reading of the charges against you and your rights, and then enter a plea of not guilty on your behalf.

1 Answer | Asked in DUI / DWI for New York on
Q: Is there any way to plead a DWI charge to a non drinking and driving offense?
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answered on Jul 23, 2011

Unfortunately not. The best case scenario on a plea from a DWI charge woudl be to a DWAI, which is driving while ability impaired. A DWAI is a traffic infraction, not a crime.

1 Answer | Asked in Car Accidents for New York on
Q: I was sent a letter by my no-fault carrier requesting that I go to a medical examination. What can I expect?
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answered on Jul 23, 2011

This is an examination that the no-fault insurance company sends you to with the express purpose of cutting off your medical benefits based on a "normal examination" by this doctor. What can you expect, to put it bluntly, is that you will spend more time in the waiting room than in the... View More

1 Answer | Asked in Car Accidents for New York on
Q: I was in a car accident and now have facial scars as a result of the accident. Do I have a case under No-Fault?
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answered on Jul 23, 2011

This depends on the extent of the scars, but it is likely that if they are noticeable, the injuries would meet the no-fault threshold as a disfigurement.

1 Answer | Asked in DUI / DWI for New York on
Q: Am I eligible to take the Drinking Driver Program if I last took it 4 years ago?
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answered on Jul 22, 2011

No. You may only take the DDP once every 5 years. However, even though you are not eligible to take the DDP and thus not eligible to obtain your conditional license, the judge in your case may still order you to attend DDP without being able to get the conditional license.

1 Answer | Asked in DUI / DWI for New York on
Q: What is the VIP Panel?
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answered on Jul 22, 2011

The VIP Panel is the Victim Impact Panel. This is a class that is sponsored by MADD (Mothers Against Drunk Driving) and is ordered by the Court in many counties as part of a sentence on a DWI or other drunk driving charge.

1 Answer | Asked in DUI / DWI for New York on
Q: How long will my DWI case take? I really need to get my license back as soon as possible.
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answered on Jul 22, 2011

That depends on several factors, including whether this was your first DWI, whether there was an accident involved, what your BAC (blood alcohol concentration) was, and whether you are eligible for a plea to a reduced charge, among other factors. If this is your first DWI, there was no accident,... View More

1 Answer | Asked in Criminal Law for New York on
Q: I just got sent to TASC in my DWI case. What is this?
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answered on Jul 22, 2011

TASC stands for "Treatment Alternatives For Safer Communities." It is a substance abuse screening, evaluation and treatment organization which will evaluate you for evidence of alcohol abuse and if they believe it is warranted, recommend that you undergo treatment for this condition.

1 Answer | Asked in Municipal Law for New York on
Q: I was injured when I fell on a city sidewalk but I was unaware of the notice of claim requirement. Can I still sue?
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answered on Jul 22, 2011

You would have to submit a motion to file a late notice of claim, which naturally will be strongly opposed by the attorneys representing the City. Whether you will win this motion depends on several factors, including whether the City can prove that they were "prejudiced by the delay"... View More

1 Answer | Asked in Personal Injury for New York on
Q: Do cases proceed more quickly in state court or federal Court?
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answered on Jul 22, 2011

In my experience, cases move much more quickly in federal Court. Federal judges issue orders which require that discovery (exchange of evidence) occur over a short period of time, and then request that the parties prepare for trial shortly thereafter. This rarely, if ever, happens in State Court.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is alternative dispute resolution?
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answered on Jul 22, 2011

Alternative dispute resolution is either an arbitration, which is binding on the parties, and a mediation, which is not. These are two alternatives to going to Court to resolve the differences among the parties.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is the difference between a mediation and an arbitration?
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answered on Jul 22, 2011

The basic difference is that at an arbitration, the arbitrator makes a decision which is binding on the parties. In a mediation, the mediator tries to work out a settlement with the parties, but if he is not able to do so, the parties return to the pending litigation to resolve the dispute.

1 Answer | Asked in Car Accidents for New York on
Q: On my traffic ticket, will the Court give me some time to pay the fine--I'm not working and money is tight.
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answered on Jul 22, 2011

The Court will probably give you two to three weeks to pay the fine.

1 Answer | Asked in DUI / DWI for New York on
Q: What is the legal limit for DWI in New York?
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answered on Jul 22, 2011

The BAC or blood alcohol concentration for DWI in New York is 0.08%.

1 Answer | Asked in Car Accidents for New York on
Q: Where do I get the police report from my car accident?
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answered on Jul 22, 2011

You can either go to the precinct or write to the department that investigated the accident to obtain a copy of the police report. You should do this immediately.

1 Answer | Asked in Car Accidents for New York on
Q: If I live in Westchester and the defendant lives in Rockland County, where can my car accident case be started?
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answered on Jul 22, 2011

You can commence the lawsuit in either Westchester County or Rockland County.

1 Answer | Asked in Car Accidents for New York on
Q: On my traffic ticket, will the judge give me time to pay the fine?
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answered on Jul 22, 2011

Yes, generally a judge in traffic court will allow you between 2 to 4 weeks to pay the fine. Make sure you pay the fine during that time or you will be required to return to Court and could be re-sentenced.

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