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Michael J Palumbo
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Michael Palumbo’s Answers

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  • 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

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  • 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.

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  • Does CT have a forgiveness policy for 1st offenders using cell phone while driving?

    The officer informed me that i could plead not guilty, buy a bluetooth device and send in the receipt with the ticket & the citation would be nolled, as this is my first offense. I also want to note that this happened while i was in a borrowed ve...

    Michael’s Answer

    You are dealing with courts and administrative agencies. These are heartless, officious agencies. So no, there is no forgiveness. However. there is a way of handling the case so it does not cost you an extreme insurance increase.

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  • Negligence vs gross negligence?

    In my supplemental Bill of Particulars I described the claimed negligence as gross and pointed out to the facts in detail. The defense disagreed and called it an amendment . Previously the court dissalowed me to claim new causes of action a...

    Michael’s Answer

    More important than nomenclature, what are the damages?

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  • Can an unlicensed contractor sue for personal injury if there is NO WRITTEN CONTRACT?

    Can an unlicensed contractor sue you for personal injury performing work at your home if there is NO WRITTEN CONTRACT?

    Michael’s Answer

    If you have been sued don't freak out just turn the papers over to your homeowner's insurance company. Of course, if you have no liability insurance then freak out you're going to be digging deep to retain counsel to defend you.

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  • What happens in a 5091 with a 6001a?

    I just got a 5091, I was driving with my permit, and I was in an accident. I got tickets for leaving the scene (traffic violation 6001a) no injuries, just property damage, an unlicensed operation (5091) and failure to yield right of way (1143). I ...

    Michael’s Answer

    You need to fight this case, because first of all you should not have been charged with driving without a license you should have been charged with driving out of license class. Second, if you are found guilty of leaving the scene that will trigger a license / permit suspension. This is a very serious matter retain counsel.

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  • Will my ticket be dismissed if the make of the car is not on the ticket?

    Ticket doesn't have my make but has the year

    Michael’s Answer

    Nope - not at all. You should retain counsel to fight this case.

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  • Will I loose my class “A” CDL and will have to start with “D” again in case my license will be revoked for 3 speeds in NY.

    I was not driving a commercial vehicle in either case.

    Michael’s Answer

    • Selected as best answer

    No, the best thing is not to speak to someone at the DMV, as they often mis-advise. You will lose not only your CDL privileges but you civilian driving privileges if you are found guilty of 3 speeding tickets when they were all ISSUED within an 18 month period. Your license, the entirety of it, will be REVOKED for a MINIMUM of 6 MONTHS.

    In addition, the New York State DMV will pull your CDL for 60 days if you are convicted of two "serious traffic violations" within a 3-year period involving a commercial motor vehicle. In the speeding context, this means being convicted of operating a commercial vehicle are speeding at least 15 MPH over the limit.

    However, even if you were not driving a commercial motor vehicle when the totality of your license is suspended you can kiss your career goodbye. Even when your privileges are restored who is going to hire you, you are uninsurable.

    Look, you put food on your table with your CDL. This is not something you should be loosely asking questions about in a forum like this. The very vehicle that allows you to put food on your table is that little piece of plastic in your wallet called a "CDL." You need to protect it at all costs, because protecting it is protecting your income stream and your very way of life. It is short sighted to fail to retain professional traffic ticket defense counsel to fight all of your speeding tickets and moving violations, whether or not you were operating a CDL at the time you received the ticket. The money you will spend on counsel is negligible compared to the value of your CDL and what you have to lose. So don't delay retain a lawyer today - like right now.

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  • Will a pink ticket for open container jeopardize a future visa application ?

    I had a ticket for open container, I plead guilty and I am 20yo. Can I still apply for a working visa in a few years or will it be denied ? NYC court told me it should be ok because it is not big deal but I need answers from Immigration experts. T...

    Michael’s Answer

    The "NYC Court" does not give a darn about you because all they want to do is clear their calendar. Look, in today's day and age you never know what is going go jump up and bite you in the backside with a Visa Application. Sure, a lawyer can say "no" or "probably not," but really is that reliable advice? The rules and regulations change all of the time. Now, think of the situation you are in. You clearly want to partake in the economic advantages this county has to offer. You stand to gain immeasurable lifetime wealth and prosperity if you Visa application is approved. Do you really want to risk all of that because you were too short sighed to retain a lawyer for a few measly dollars to fight to have this case dismissed? You have to ask yourself where is the money you would invest to retain counsel to represent you and fight to get this charge dismissed better off - invested in professional legal help or collecting dust in your bank account or under your mattress. Failing to fight this thing is short sighted and can have life long, life altering consequences. Or, perhaps it won't. However, you will never know that until it is too late.

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  • I have an apperance date for a posesion charge and i want to know how serious that is and will it stay on my record? job resumes

    I was pulled over on I-86W by a state police officer going 80mph in a 65, he also found .4 grams of marijuana, a steel baton and beer(im 20 years old). i was traveling from college to my house in Michigan for spring break. he explained how serious...

    Michael’s Answer

    A conviction will cause a permanent mark on your criminal history. Even though it is an infraction it will show up on a criminal history run. Best bet is to retain counsel to defeat the marijuana charges.

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