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Michael J Palumbo
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Michael Palumbo’s Answers

3,324 total


  • 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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  • 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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