Skip to main content
Michael J Palumbo

Michael Palumbo’s Answers

3,329 total

  • I need a lawyer for DWI 10 years ago I was driving hi I got stopped by the police I pay my tick is it possible to get my license

    this happened in 1994 there is any requirements to get my license back I need legal assistant now thank you

    Michael’s Answer

    Could you re-articulate your question. You say that you need a lawyer for a DWI of 10 years ago, yet 1994 was 21 years ago. You say you were driving "hi," but the way you articulate it it sounds as though you are saying "hello" in the middle of your sentence. Do you mean you were driving "high?" And what is a "tick" that you paid? This is all very confusing I would like to answer it if I understood what you were saying.

    See question 
  • I recently got charged with dui in ct. I got one in 1994 and 2004 and charged in 2015 . is public defender or private recomended

    did not do breathylizer in 2015. will there be a big difference in case . other than cost of course

    Michael’s Answer

    You do not have a choice in whether you get legal counsel paid for by the taxpayers. You have to be indigent, i.e., below the poverty line and do not own any real estate, to qualify for legal aid. The court will do a financial check on you to determine whether you qualify. If you do they will assign you counsel; if you don't they will not and you will have to retain private counsel.

    See question 
  • Hi I got a healthy speeding ticket for 200 dollars and was wondering what more they can do for my scheduled dmv hearing

    I was supposedly going 82 in a 50 zone right after the toll in the Bronx. I never had any points on my liscence before and they got me for 8. He never asked for any insurance or registration and was quick to write me the ticket. The officer was al...

    Michael’s Answer

    You are charged with an 8 point speeding. The fines and surcharges are going to be well over $650.00 if you are found guilty as charged I don't know where you are getting $200.00 from. However, that is the least of your problems you are facing losing your license. And your insurance - through the roof. You really need to retain counsel.

    See question 
  • Traffic ticket, but officer didn't sign, is it still a valid ticket?

    I recently received a ticket for not stopping fully at a stop sign, possibly a little 'California Roll', as there was no one in sight. The officer gave me a ticket for failure to stop at a stop sign, however he did not sign the ticket. Is it sti...

    Michael’s Answer

    It sure is valid. If you retain counsel they will go to court for you.

    See question 
  • DWAI-drug NY State

    I got pulled over the beginning of January because I didn't have my headlights on and the car smelled like marijuana. Got arrested for DWAI-drugs, taken to get blood drawn, the usual. Yesterday, I got a call saying I had to go to the police statio...

    Michael’s Answer

    What you relate makes no sense. According to you, you have already been arrested for DWAI you should have already been arraigned. Likewise, you should already have a lawyer. I don't know exactly what is going on, but 1 thing is clear DON'T GO TO THE POLICE DEPARTMENT! If they have a warrant for your arrest don't worry, they will find you. And if they don't then you have NOTHING TO GAIN AND EVERYTHING TO LOSE by going to the PD and talking to them. DON'T GO TO THE PD! DON'T TALK TO THE COPS! DON'T EVEN ANSWER YOUR PHONE OR DOOR! DO NOT LET THEM INTO YOUR HOME. Lastly - CALL YOUR LAWYER OR RETAIN ONE RIGHT NOW!!!!!!!!!! Oh, and now and forevermore NEVER TAKE LEGAL ADVICE FROM A COP!!!!!!!!!!!

    See question 
  • Dismissal? Video missing audio and footage which would prove the office said I made an improper right but paperwork says left

    I was arrested for a DWI on November 1st of 2013 for making an improper turn. I already have an attorney but feel I may be ill informed of all possible outcomes. Also, I asked for a copy of the police video, which I received but the video has no a...

    Michael’s Answer

    If you do not trust your lawyer enough to consult with him on all of these questions you should start looking for new counsel.

    See question 
  • Husband got arrested for suspended driver license

    My husband owe child support money and got pulled over for suspended license what can I doo

    Michael’s Answer

    • Selected as best answer

    Your husband has to go to family court and / or contact the office of support services in NYS and either (1) satisfy the debit in total, or (2) enter into and maintain payment of a payment plan. Depending on the circumstances, either the family court or the office of support services will notify the DMV when they are satisfied that he has met all of the requirements for either paying the back support or entering into a payment plan. In fact, this query is better asked of lawyers that specialize in family court practice and not traffic court practice. He will likely have to retain a family court lawyer to straighten out the mess he's caused by not paying child support.

    See question 
  • I have a moving violation ticket in NY for improper turn and would like to change the hearing date.

    I would like to know if changing this hearing date 22 days before the schedule date, if that can affect the judge decision by having guilty automatically?

    Michael’s Answer

    The problem with the NYC DMV Traffic Violation court is that it is a very difficult court to navigate through and understand the nuances. If you mishandle this matter you certainly can be found guilty by default. The best thing to do is retain counsel.

    Special challenges in defending a NYC traffic ticket:

    The difference in defending a New York City cell phone ticket is that the court system is different in the 5 boroughs of New York. Outside of New York City traffic cases are heard in either city or justice courts with elected judges. In NYC the court is not a justice court but an administrative court run by the NYS DMV. This means that the speeding tickets are heard not by elected officials but by judges whom are employees of the DMV. They are known as “Administrative Law Judges.”

    The challenge this creates is that the New York City Traffic Violations Bureau Court has a no plea bargaining policy. This means that unlike in a justice court where we can plea bargain to have a case dismissed, in NYC every case goes to trial. Moreover, there are less procedural safeguards in the New York City traffic courts. Unlike in the city and justice courts, in NYC one cannot:

    • Plea bargain
    • Conduct discovery
    • Make written motions

    There are some advantages to being before this administrative tribunal, namely:

    • Unlike a regular court, they have no authority to remand motorists to custody (jail); and
    • These judges can waive otherwise mandatory suspensions

    To ensure that those who are found guilty still do not suffer an insurance increase, the name of the game is delay, delay, delay…. Adjourn the trial as long as we possibly can. This keeps you clean as long as possible. By the time your case goes to trial you have already gotten you past substantial part, or all of, the period that your insurance could have been increased.

    You see, the points only hit your license if you are convicted on something, and that occurs on the conviction date. However, the look back period for potential insurance increases points is based on the offense date. This means that if you are convicted 15 months after the ticket was written, you will only be carrying the points for another 3 months, as opposed to if you mail it in with a guilty plea you are carrying the points for the full 18 months.

    To do this yourself takes sometimes years and always numerous court appearances. Rather, if you retain counsel they go to court for you, and also do everything for you.

    See question 
  • If u disenroll from a program & the Dr of this program continues to meddle in your present treatment and cause harm can you sue

    My daughter was born in the NICU. We were part of a program that helped coordinate her care, but disenrolled in the program effective january 1. Presently my daughter is in the hospital and this Dr. Interfered with her medical treatment, gave coll...

    Michael’s Answer

    The threshold for a lawyer to accept a medical malpractice case on contingency is serious permanent injury. In other words, you have to be able to articulate what the doctor did wrong which in turn caused your daughter permanent injury. From what you say it does not sound like their was any serious, debilitating injury which your daughter suffered. However, the doctor may have acted unethical. You should look into filing a formal civilian complaint with the NYS Education Department

    See question 
  • Is it reasonable to believe an attorney can negotiate down a speeding ticket to a non moving violation to avoid suspension?

    CONNECTICUT: I was given a speeding ticket that claims it was 50 in a 25, but I believe the speed limit to be 35 and I was going 40. Under normal circumstances I would pay the fee and be done with the issue. Unfortunately, in Oct-Dec 2012 I ha...

    Michael’s Answer

    I am licensed to practice law in NY, VT & CT, and specialize in traffic ticket defense in all 3 states. I have a different take on it than everyone else. First off, I have a saying - there are no bad clients, courts, or cases, just bad retainers. In other words, so long as you are willing to invest the proper amount into the legal service for the outcome you want, anything is possible. Note that I said "possible," not "guaranteed." No lawyer can guarantee an outcome. No lawyer can guarantee an outcome simply because no lawyer is in charge of the totality of the case. There are 2 other entities that a lawyer has no control over - the People of the State of CT, whom are prosecuting you and represented by their attorney called a "prosecutor," and then there is the court that has an interest as well.

    Consequently, retaining legal services is not like ordering a pizza. You can't just order what you want, pay for the extra toppings, and walk out with a customized result that you paid for. Now, it is clear that you want a certain result in this case from the lawyer you retain, and that result is a 0 point violation. From a simplistic standpoint, the answer is "yes," a lawyer can negotiate your matter to a non-moving violation. However, that answer does not even begin to scratch the surface of the reality of the situation.

    The real decision you as the client has to weigh is the risk / reward valuation factor. And it is always the client that assumes the risk, not his or her lawyer. The risk reward matrix goes like this: The BETTER of a result you want to hold out for the RISKIER it is that, at the end of the day you may lose everything and you may be found guilty "AS CHARGED." Which of course is the worse possible outcome.

    However, when considering the risk / reward factor economics also come into play. As I stated there are not bad cases, clients, or courts, just bad retainers. Your ultimate goal in the litigation is going to impact the amount of work and effort your lawyer will have to expend on your case. This matrix goes as follows: The BETTER OUTCOME you want the MORE WORK your lawyer will have to put into your case and consequently the GREATER OF AN ECONOMIC INVESTMENT you must make. Of course, the converse is also true.

    However, as I have stated before, you are in no way paying for an outcome. Litigation is inherently risky and the client bears the burden of the risk. No matter how good of a gladiator you retain as counsel, and no matter how much money you invest in the services, he can be slaughtered through no fault of his own. This is because of simple mathematics. You see, we have an adversarial court system in our country. We believe that pitting 2 opponents against each other where only 1 can prevail is the best way to achieve justice. Consequently, whenever 2 parties engage in a bi-lateral contest, no matter how skilled each is. one HAS TO win and one HAS TO lose.

    So now let's focus on your case. (1) you drive for a living and (2) you are facing a 30 day suspension if you are found guilty of a moving violation. You have to evaluate 2 things, your risk tolerance for triggering the 30 day suspension, and your risk tolerance for investing money into legal services into avoiding the moving violation conviction. In other words, say you will absolutely refuse any plea bargain that would trigger a suspension. Then you would have to take your case to trial which, if you were found guilty would result in the suspension. So at that point you would have nothing to lose and everything to gain by going to trial. However, pre trial legal fees are in the hundreds, and trial fees are in the thousands. So suppose you could get a minor moving violation for a fee of $550, but turn it down and take it to trial and potentially reap the reward of a dismissal for an additional $2,000, knowing that you can spend that money and still lose the case and get suspended?

    This is the reward - risk matrix that only you can weigh.

    See question