Marco Caviglia’s Answers

Marco Caviglia

Poughkeepsie Criminal Defense Attorney.

Contributor Level 20
  1. I ran a red light and hit another car, can i sue their insurance company for personal injuries?

    Answered over 1 year ago.

    1. Jeffrey Ira Schwimmer
    2. Brian Andrew Trodden
    3. Marco Caviglia
    4. Eric Edward Rothstein
    5. Christian K. Lassen II
    6. ···
    11 lawyer answers

    Your suit is against the other owner and/or operator. The insurer only steps in to indemnify and defend the insured. You should consult a personal injury attorney if you really believe that there is a basis to sue, although you advertise that you illegally ran a red light. Liability of the other party, not just causing you injury, is a necessary component to an injury lawsuit to be viable and successful.

    12 lawyers agreed with this answer

  2. I got arrested for a dwi while pulling out of my driveway!

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Joseph A Lo Piccolo
    3. Michael Evan Greenspan
    4. Eric Edward Rothstein
    5. Jonathan Brian Manley
    6. ···
    6 lawyer answers

    It sounds as if the officer "overcharged" you. There is case law that may make the going over the double yellow not prosectuable or at least questionable, and there is not enough there for reckless driving in my opinion. The DWI strictly depends upon our reading. Since you have CDL, you should fight this all the way. Hire an aggressive and experienced DWI attorney to combat this irate police officer.

    12 lawyers agreed with this answer

  3. Is it possible to avoid the new, New York State statute that will prevent me from getting my license back for 5 years..?

    Answered over 1 year ago.

    1. Joseph A Lo Piccolo
    2. Marco Caviglia
    3. Christopher Irvin Simser
    4. Anthony Michael Solis
    5. Brian Andrew Trodden
    6. ···
    7 lawyer answers

    At some point, someone will challenge it's constitutionality or the regulation might change. That will not benefit you unless you are the one who successfully challenged the regulation.

    12 lawyers agreed with this answer

  4. Do I need a family law attorney?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Jill Marie Zuccardy
    3. David Ivan Bliven
    4. Mary Elizabeth Ramos
    5. Ian Zimmerman
    6. ···
    7 lawyer answers

    Under no circumstance, unless you are a lawyer yourself or similar exceptional situation, should you fail to have a matrimonial attorney review your agreement for accuracy, completeness, and advice as to the hidden effects of language used or omitted. Yes, it's an investment, but saving money now could result in significant losses/liability later. If money is that big an issue, contact the local bar association for mat attorneys who will work for a reduced fee.

    12 lawyers agreed with this answer

  5. WHAT ARE THE DWI LAWS AND MY RIGHTS/ WNT TO KNOW IF I HV THE RIGHT TO REFUSE THE BREATHLIZEER TEST OR THE PHYSICAL QUESTIONS?

    Answered almost 2 years ago.

    1. Marco Caviglia
    2. Christopher Irvin Simser
    3. Michael J Palumbo
    4. Jayson Lutzky
    5. Eric Edward Rothstein
    5 lawyer answers

    It would take a treatise to address all your rights. Mr. Palumbo makes a good case, but most people won't do all that. The absolute best thing is to not drink and drive. It only gets more punitive every year.

    12 lawyers agreed with this answer

  6. HOW LONG DOES DWI STAY ON RECORD IN NEW YORK

    Answered almost 2 years ago.

    1. Marco Caviglia
    2. Eric Edward Rothstein
    3. Frederick Norman Vogeney
    4. Jayson Lutzky
    5. Christopher Irvin Simser
    6. ···
    6 lawyer answers

    It stays on your computer record as long as there will be a DMV data base. As you get older and stay arrest free, it will be easier to argue that it was a youthful error, and not a potential pattern to employers. Legally, there's nothing that seems helpful.

    12 lawyers agreed with this answer

  7. First speeding ticket

    Answered about 2 years ago.

    1. Marco Caviglia
    2. Yefim Rubinov
    3. Eric Edward Rothstein
    4. David B Pittman
    5. Jayson Lutzky
    5 lawyer answers

    The traffic ticket will be amended. Your best bet is to have your or your lawyer discuss this with the municpal prosecutor in Beacon to bargain the disposition, unless you were not speeding and wish to take it to trial.

    12 lawyers agreed with this answer

  8. If you did not do the crime, would you still take a plea offer?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Parker Roy MacKay
    3. Eric Edward Rothstein
    4. Dean George Tsourakis
    5. Adam Domenick Rumschlag
    6. ···
    8 lawyer answers

    Pleading guilty to a crime one did not commit is so wrong on so many levels. I recommend against it and I have always refused to allow someone to plead guilty who tells me he is not guilty.

    Selected as best answer

  9. DWI

    Answered 5 months ago.

    1. Marco Caviglia
    2. Eric Edward Rothstein
    3. Julie Rendelman
    4. Michael D. Litman
    5. Adam Mark Thompson
    6. ···
    8 lawyer answers

    A private attorney, experienced in DWI litigation, may be able to afford you more qualitative time in representing you. But how are you going to afford one as one must be found indigent to obtain the services of a public defender?

    11 lawyers agreed with this answer

  10. Asbestos related death

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Eric Edward Rothstein
    3. Richard Marc Katz
    4. Christian K. Lassen II
    5. C. Donald Briggs III
    6. ···
    8 lawyer answers

    New York has a statute of limitations of 3 Years from Diagnosis, 2 Years from Death for Mesothelioma claims. Certain calendars in large municpalities, such as NYC, are devoted to such cases. You should contact counsel experienced with such claims to determine 1) if you are still within the statutory time period to sue and 2) if you have a decent claim, which it sounds that you very well may.

    11 lawyers agreed with this answer