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Michael J Palumbo
Avvo
Pro

Michael Palumbo’s Answers

3,329 total


  • Should I worry about losing my license in NJ from driving with a suspended license?

    Long story short: I moved back in December and never updated my address. I had insurance surcharges from the NJ DMV from an old ticket. I missed a payment and was unaware of my license getting suspended from this (the notice went to my old address...

    Michael’s Answer

    I think this: " I have court in three weeks and wonder if my circumstances permit pleading down my ticket as I will lose my job if I cannot drive" answers this "Should I worry about losing my license in NJ from driving with a suspended license?" Yes you should worry. And inasmuch as your entire income stream is on the line you should invest in what it takes to retain counsel.

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  • What type of attorney do I consult?

    I had just had a second surgery on my kidney in a month. I had told 2 nurses Wheeling me to surgery that lidocaine doesn't work on me. They said they would tell the doctor. They didn't. I took 20 needles of lidocaine in my back before they started...

    Michael’s Answer

    You need a medical malpractice lawyer. I do speeding and traffic ticket defense but there is a medical malpractice attorney on AVVO that I know and everyone loves when I send them to him.

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  • First offense, upm and dui. Please help.

    Got pulled over by state troopers, they saw weed in my back seat (small amount) and they searched my car (no consent to that). Asked me to get out of the car and I ended up performing a sobriety test (without consent as well or even being asked). ...

    Michael’s Answer

    Defense for the level of service you need is going to require an investment on your part of $10,000.00 maybe more. There are legitimate defense issues to proffer but the amount of time, research, and preparation is extensive. You will obtain that level of service you pay for. Contrast, you can get away with spending $1,500 or maybe even less if you retain a lawyer whose only instructions are to "read and plead" you; i.e., all you want is an escort through the process to explain to you in plain English what you are doing and what it all means. Much of your decision matrix is going to be based on what you can afford, and then if you can afford to invest what you need to zealously defend yourself then it is going to depend on whether you see the value of the service and your risk tolerance, because no matter how much money you spend you could always be convicted. Contrast, if you are willing to plead guilty "as charged" you are trading off saving a lot of $ in attorney's fees to certitude of the worse outcome possible. That may look good now, but when you go apply for that government job in the future it may come back to haunt you. So, think over what you can afford, what you are willing to spend and risk, talk to a lot of lawyers, and take it from there.

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  • Would a 509-6 (possession of fraud license) traffic ticket open up my ACD?

    I am 18 and received an ACD two months ago on a marijuana possession charge. I now just got a ticket for possession of a fraudulent license at a concert and was issued a 509-6 New York State traffic ticket. Will this effect my ACD? Also how likely...

    Michael’s Answer

    Not only will the ACD be opened, you are facing a separate hearing at the DMV which will likely result in a license revocation. You probably are not going to do jail time, but you are not going to get an ACD for this one and your ACD will likely be opened up as well. You need legal counsel if you have not yet notified your parents it's time to suck it up and face the music. Unless you can afford a few thousand in legal fees on your own. Either way good luck, you're going to need it.

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  • There is a lawyer that moved on my block and he keeps trying to sue everyone in the area for all different reasons

    Is this legal

    Michael’s Answer

    Could be an abuse of process you never know.

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  • Is it required by law for a taxi driver to wear a seat belt in the state of NY?

    There was no passenger.

    Michael’s Answer

    Yes, absolutely. What's more, you can't just plead guilty and pay the fine. Even though it is a 0 DMV point violation it is also a major insurance merit system violation, which means that pleading guilty "as charged" will trigger a large insurance increase. Most lawyers do not even know this, but we do because we specialize in speeding and traffic ticket defense.

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  • I need DMV Refusal Hearing Appeal with a stay. Please

    I had a DMV refusal hearing in Manhattan today. Officer didn't show up. I asked for an adjournment since I am studying for bar exam and had no time to find an attorney. Judge said she would suspend me if I adjorned so I went ahead with the hearing...

    Michael’s Answer

    There is nothing surprising about the finding of refusal, because you did not hire an attorney. There is a good chance there is reversible error in the decision, although no one can tell you that for sure unless they review the record. And no lawyer is going to review the record unless you retain them to do an appeal. Which means that you will have to pay up front to retain counsel without even knowing what chance you have on appeal. So you have to be willing to spend for counsel knowing that you may lose the case in advance of knowing what your chances are. In other words, all the risk is on you. Or, you can just wait about another 11 months and get your license back.

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  • Am i going to lose my financial aid?

    I recently got a upm, littering and car inspection ticket. I have gotten multiple upm's in the past but I believe they were dropped or reduced. I go to school and use financial aid. I only had a small amount, but it is very apparent it is mine....

    Michael’s Answer

    It is my understanding that you only lose student aid if you are convicted of a misdemeanor, and a UPM is not a misdemeanor. However, I would have to do some heavy duty research to get you a definitive answer.

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  • How Much Money is a Ticket in Violation of 509.6 VTL.

    I got a ticket at SPAC this weekend and it is in violation of 509.6 VTL. However, I have no idea what that means. The officer also wrote "used a fraud PADL to buy alcohol." I was just wondering what I do with this ticket? How much money it's going...

    Michael’s Answer

    You are in a whole heap of trouble. VTL 509.6 states as follows: 6. No licensee shall voluntarily permit any other person to use his license, nor shall any person at any time possess or use any forged, fictitious or illegally obtained license, or use any license belonging to another person. You are accused of using a fake Pennsylvania driver's license to buy alcohol. Right off of the bat the NYS DMV is going to set you up for a specialized administrative hearing. This is separate and apart from the court case. If you lose the hearing your NY privileges are going to be revoked. If you hold a license in PA they may also revoke your PA license or set you up for a hearing there. And if you are convicted of this in court that will collateraly estop the DMV's from ruling in your favor at their hearings. Like I said, you are in a whole heap of trouble find an attorney ASAP.

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  • A lawyer with a rating at 6.7 & a thirty year experience, is this good standard for a lawyer?

    Do adjusters investigate lawyers wins & loses dealing with settlement & trials to know a lawyers angle, in a personal injury case.

    Michael’s Answer

    It took me a lot to earn a perfect 10 rating from AVVO, and you can lose it as well. So it is worth something because it does transmit a lawyer's legal skill and commitment to practice, but there can be a lot of reasons someone has a low AVVO profile which has nothing to do with the legal acumen of the lawyer. For example, many lawyers do not claim or complete their AVVO profile.

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