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Michael J Palumbo
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Michael Palumbo’s Answers

3,329 total


  • What should i do for a ticket with " backing unsafely " 1211 a.. i have a perfect driving record .. I did not back up unsafely,

    person in front of me backed up , I had to . I was unaware but seems I touched the bumper of the lady's car behind me and she filed a complain ?. I have zero damage. she claims damage, but I do not think I touched her car

    Michael’s Answer

    The beauty of the law is that unless you fight the ticket you will be found guilty "as charged," and then as a matter of law you did unsafely back. So the only way out of this is to fight the case and defeat the charge.

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  • Reckless driving ticket

    Does reckless driving ticket mean arrest?

    Michael’s Answer

    Much ado is made about what is an "arrest." Every time you are given a ticket, be it an infraction or misdemeanor, you have been "arrested." The only difference being, if you were given a summons to appear in court you were not taken into custody, processed, and made to post bond but released on a promise to appear. It matters not to the court how you get before them be it in shackles or on a pre-determined court date. What matters is the charges you are facing and what you are ultimately convicted of. In this case you are charged with a serious motor vehicle crime which can have dire consequences against your permanent criminal history as well as your insurance rates. So what you should be focused on is retaining the right lawyer, not any nuance as to what is or is not an arrest.

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  • Traffic ticket in Suffolk County, NY

    Can a Suffolk County, NY ticket be dismissed if your old address, not your current address is written on the ticket and also exact place of occurrence of incidence is wrong as well?

    Michael’s Answer

    Yes, absolutely....................................................

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  • Is there a statute of limitations on writing a speeding ticket?

    If someone speeds/races, drastically, and doesn't get seen or stopped, but later a video is found of them speeding/racing, both identifying the driver, the speed and the vehicle, can an officer write you a ticket? And if so, how soon after the act...

    Michael’s Answer

    It's even worse than an officer writing the ticket. A plenary investigation will be done and there will be a warrant issued for your arrest. They have years to do this, and by getting a warrant they have a rock solid case against you. Also, being involved in a speed contest is a crime. You should retain counsel now so that if there is a warrant at least your lawyer can surrender you to the court rather than the police executing an arrest warrant at your home, school, or workplace, slapping the cuffs on, reading you your rights, taking you into custody, and remanding you to jail before you get arraigned.

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  • I was given 2 speeding tickets by a cop on the same day and time, all because I didn't pull over until almost 1 mile later.

    I got pulled over by a cop for going 40 mph on a 25 mph residential area. I actually didn't stop until almost 1 mile later because I didn't think the cop was after me. I didn't think I wasn't speeding at 40 mph. It was my first time being pulled o...

    Michael’s Answer

    You say NOTHING to the prosecutor.. You retain a traffic ticket defense lawyer to move to dismiss for charging you twice on the same transaction and occurrence in violation of your US Constitutional Right against Double Jeopardy.

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  • What is the penalty for my 17 yr old son ticketed for driving past 9 with a DJ license?

    He's had his license for 9 months

    Michael’s Answer

    Penalties are for people whom flail themselves upon the system by pleading guilty "as charged" rather than retaining counsel and asserting your rights. I know it is counter intuitive to everything you have been taught by the "systems," be it school, church, or Boy Scouts, but the LAST THING someone should do in a court of law is confess their guilt to "take responsibility" for their mistake, because by doing that you get the worse possible outcome - in your son's case a fine, license suspension, and for your family's auto insurance an insurance increase. Rather, if you retain counsel your lawyer can negotiate a plea to a LESSER charge to avoid the suspension and insurance increase, but yet your son still pays a small fine for his misdeeds. In the big scheme of things the attorney's fee you spend will save you a lot of money in fines, aggravation, and insurance increases well beyond the lawyer's fee.

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  • Can i get a deferred adjudication regarding my case?

    I am an out of state driver from Rhode Island and just got a speeding ticket 2 days ago. Police stated that I was going 87 in a 65. I never get a ticket before so this is my first speeding ticket. I got caught in the i87s going from Albany to Manh...

    Michael’s Answer

    There is no such thing as "deferred adjudication" here in NY. Retain counsel to represent you and get the case dismissed or reduced. When you retain counsel you do not have to come back to court your lawyer goes for you. The fine alone as charged totals $693.00 with all of the surcharges. So the cheapest way out of this is through retaining counsel.

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  • Hi I got a speeding ticket I went 75 but limit is 50 is there any way not to loose 6 points

    I am driving taxi cab I don't wonna loose 6 points in my license how to get read of this ticket

    Michael’s Answer

    There is 1 way, and 1 way only to get rid of the ticket:

    (1) Retain Counsel, and
    (2) Hope your lawyer wins the trial

    That's it. That's all you can do. Hire a lawyer and let him or her worry about it. If you are found Not Guilty you will get no points.

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  • 2 charges in nyc dwi and dwai

    Arrested in Nyc, the two charges are dwi Vtl 1192.3 and dwai vtl 1192.1. Blew under .05. What are the Chances of winning and getting it dismissed with a legal aid?

    Michael’s Answer

    It's a pretty irrelevant question considering the court only assigns legal aid to persons who are indigent and cannot afford a lawyer. So it's not as though you have a choice as to whom your lawyer is. So tell him or her to take it to trial.

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