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Michael J Palumbo
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Michael Palumbo’s Answers

3,406 total


  • Is this one of the possible infractions that would cause my license to be suspended for 30 days as described in section 14-111g?

    I am a CT resident who has had to take a Driver Retraining class in 2013. I have since received a citation for Failure to Maintane Lane (14-236). Is this citation one of the possible infractions that would cause my license to be suspended for 30 ...

    Michael’s Answer

    Most lawyers do not think like me. I can describe the thought process of most lawyers in one word: lame. How about this. Rather than commiserate about the "what if's" of the future, how about remediating the mistakes of the past by commencing special proceedings to vacate the pleas of guilty which caused you to have driver re-training and now threaten to suspend your driving privileges if you are convicted of this present case. Think about it, right now your fate is in the hands of a prosecutor and judge who don't care about you. They have immeasurable power over you. You are only under threat of suspension because of your recent driving history. Why don't you take that power away by removing and vacating the driving violations which will trigger the suspension in the event you are found guilty. Doing this will also help with your insurance rates and may even trigger an insurance refund. This is why I am different then all the other lawyers out there I don't think like the typical lawyer I think like a guerrilla warrior.

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  • Is cop entitled to demand 2 tests? How to challenge? How long to request DMV hearing? Any diversion program to avoid conviction?

    Son was stopped and arrested for driving while intoxicated. The cop asked my son to take a breath test, which he did (blowing a 1.0). Then, an hour later, the cop later asked him to take a second breath, which he refused. The cop said he was tr...

    Michael’s Answer

    First off, you were not there. If the allegations are correct your son, who was there, was drunk. So you are here asking questions paraphrasing from the musings of a drunk person. Who, through beer goggles, is recounting what a cop told him. Which makes no sense, because it's not up to the cop to determine how long a license suspension is. What you need to do is help your son find a lawyer that specializes in DWI defense and then have your son consult directly with the lawyer.

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  • How difficult and how long?

    Which state is it easier to obtain a license after a dwi in NY state? Tennessee or Georgia?

    Michael’s Answer

    First off, you are asking a NY lawyer this question. Each state has different regulations regarding reciprocity with other states visa vi allowing a licensed driver from NY to turn in his NY license in exchange for a license in that state. Second, your query turns on the specific facts and circumstances of your lifetime driving history, even convictions that occurred outside of the state you are currently licensed in. So what you need to do is hire an attorney that specializes in speeding and traffic ticket cases in each state that you want the question answered in, providing him with your lifetime driving history, and then he or she will research the regulations in that state and give you a definitive answer. The only thing I can tell you for certain is that if you have a suspension or revocation in ANY STATE, the new state will not issue you a driver's license unless and until you clear that suspension. Except Colorado, but you have to make a special showing.

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  • I have an out of state DWI.Should I change my Georgia license over to with New York license to prevent communication to Georgia?

    I recently got a DWI in New York with a Georgia state license. I got a DWI in New York with a Georgia State License. I haven't lived her that long so I haven't changed residency. I know that Georgia is one of the few States that's not a participan...

    Michael’s Answer

    In essence, you are asking lawyers, in a public forum, to give advice on how to violate the law. Here's the law. If you move to NY you have to turn in your out of state license, and also re-register your out of state vehicles, within 30 days. If the car is garaged here then it must be registered here; if you now live here you must hand in your GA license for a NY license. Period, end of story. Next, there are forms and papers to fill out when you change over your license. You are doing so under penalties of perjury. So you must tell the truth or you are committing crimes. That's the law. We are lawyers not apologists for the bad behavior of people who seek our advice. So what you must do is obey the law in your dealings with your license, the courts, and the DMV. Oh, and hire a qualified, experienced DUI lawyer you already have 1 conviction you really, really don't want another.

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  • Can I do anything to fight the roughly $5000 I have been given? This includes the almost $900 Ambulance ride.

    I'm from New Jersey but, I was in upstate New York. I fell and hit my head against a building while I was drunk, injured my head and got a concussion recently and was taken by ambulance to the Albany Med Hospital. I received a cat scan but, the b...

    Michael’s Answer

    I'm thinking that you had it's not that you don't have the money, you just value things other then spending it on healthcare. I mean, you somehow paid to transport yourself from NJ to upstate NY. Then bought and drank so much booze and you ended up falling down drunk to the point that you smashed your head and gave yourself a concussion. I'm also not buying that you left 4 hours later. Hospitals usually don't discharge people 4 hours post falling down drunk with a bleeding, concussed head injury. My best guess is that you have bigger problems then a $5,000.00 hospital bill. You don't work yet instead of spending your time looking for work you transport yourself to upstate NY and drink so much that you cannot stand up. If I were you I'd scrape together the money for the Cat Scan, take care of your health, seek counseling for substance abuse, and start pounding the pavement for work.

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  • What should be my course of action now? Thank you

    I was going 62-63 mph on an expressway in NYC (speed limit there is 50mph) in the right lane. I saw an unmarked highway patrol car parked on the shoulder about 50-60 yards in front of me, I immediately hit the brakes and was going 57-58 mph by the...

    Michael’s Answer

    There are lots and lots of myths about what a cop does and does not have to do on a speeding ticket stop, one of which is "show his radar." You should retain counsel.

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  • Is there a possibility that my sentence/charges can be dropped or lowered, because the cops did not technically catch me?

    I received a DUI about 9 months ago and lost my license for 2 years. However, 6 months ago, I drove my cousins motorcycle and he called the cops, claiming that I stole the motorcycle and drove it while under the influence. I admitted to the DUI ...

    Michael’s Answer

    You're a recidivist drunk driver, tooling around town with no license, drunk, on an organ donor machine. Legal technicalities are the last thing you should be thinking of. However, if you want a legal technicality here's one - if the next time you drive wasted end up dead by wrapping yourself around a tree, the case will be abated by death. Instead of looking for angles to get out, how about taking responsibility for your reckless and dangerous behavior and before it's too late getting the substance abuse treatment you clearly need.

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  • Are the police allowed to treat you and speak to you in that manner?

    I was pulled over on the highway(Rt. 95) in Georgetown, MA, doing 85, and so was everyone else on the road. Cop was hiding on the right side of the highway, and I was in the left hand lane, because I was going to pass the person to my right, ho...

    Michael’s Answer

    Hire a lawyer to fight the ticket and AFTER the court case is over make a formal civilian complaint about the cops inappropriate behavior NOT to the court but to the police department.

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  • Can a sue a salon for burned my hair?

    Can I sue a salon? Last Saturday 12/05 I went to a salon in Long Island City and they made me a Japanese straight and I have to wait 3 day for whash my hair. I did, but when I finish my hair was totally burned, all of them, I couldn't believe tha...

    Michael’s Answer

    Sounds horrific. Your damages must run at least into the hundreds of dollars. Sue them!

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  • What are the potential ramifications of this?

    I got convicted with a DWAI in NY. I have a restricted license for work and school. I got pulled over and was given two tickets, one being a disobey of a traffic control device and the other an operating a motor vehicle outside of restriction. I w...

    Michael’s Answer

    You're not going to get your full driving privileges restored if you are convicted of either of these tickets. In fact, conviction(s) will trigger license suspensions. Contact a lawyer that specializes in speeding and traffic ticket defense.

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