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Michael J Palumbo
Avvo
Pro

Michael Palumbo’s Legal Cases

65 total


  • People v. Anonymous

    Practice Area:
    Speeding & Traffic Ticket
    Date:
    Apr 08, 2009
    Outcome:
    Charged on 1 stop 7 tickets in 4 towns
    Description:
    The defendant was stopped on I-95 by a NY State Trooper and given 7 tickets returned to 4 separate towns - 4 speeding tickets (one in each) and 3 other moving violations in 1 of the jurisdictions. Defendant was facing mandatory suspensions and revocations of over 2 years and the real possibility of jail time. Negotiated a plea on 2 speeding tickets to non-speeding violations, had 1 speeding ticket dismissed on motion due to violation of double jeopardy, and plead the remaining speeding ticket to a reduced charge. Took the 3 remaining moving violations to trial. 1 ticket was dismissed and client was found guilty on 2 others. In each conviction defendant's fine was the minimum allowed. Client avoided mandatory license suspensions, discretionary revocations, and jail time.
  • People v. Anonymous

    Practice Area:
    Criminal Defense
    Date:
    May 09, 2007
    Outcome:
    Case dismissed after probable cause hearing
    Description:
    My client was facing 2 misdemeanor charges upon evidence of which the police developed only subsequent being stopped for the infraction of failure to stop for a school bus engaged in picking up passengers, NY VTL Sec. 1174. One of the many elements that the people must show to sustain a prima facie case is that the bus was actively discharged in dropping off or picking up school children for a bona fide school district. The matter was set down for a probable cause hearing. At the hearing I adduced from the arresting officer that (1) my client had less than 40 feet and one second to stop from the time the school bus swung its stop signs out, and that (2) the police car was 15 feet directly behind my client doing 30 MPH. Further, the police officer testified that he did not see anyone getting onto or off the bus, and merely "assumed" that the bus was engaged in the pick-up or discharge of passengers. The court found that my client did not violate the statute because to do so would have required an immediate slamming of his breaks which would have caused an unusually dangerous situation and certainly caused the tailgating officer to slam into the rear of my clients vehicle. The court applied the doctrine of the defense of necessity, which in NY holds that when it is safer to violate a law than obey it no crime is being committed. The court did not pass on the issue of the people failing to meet its burden of proving the element that the bus was engaged in pick up / discharge for a school district. Consequently, the court found that the search and seizure of my client was illegal. The court dismissed the VTL Sec. 1174 charge, suppressed the evidence gleaned subsequent to the illegal stop under the fruits of the poisonous tree doctrine, and with no evidence for the people to offer dismissed the 2 misdemeanors.
  • Personal Injury case

    Practice Area:
    Personal Injury
    Date:
    Nov 29, 2006
    Outcome:
    Ruptured fetal sac in auto accident
    Description:
    Client was a restrained front seated passenger who was 6 months pregnant and riding with a friend and traveling through an intersection controlled on either side by stop signs. The adverse driver, an elderly male, failed to stop at the stop sign and the front of his vehicle crashed into the passenger door where my client was seated. She was removed from the scene via ambulance with sever abdominal pain. Diagnosed at the emergency with a rupture of the fetal sac with loss of and leaking gestational fluid. Client was unstable and risk to unborn child severe. She was admitted to the hospital and treated with medicine and monitoring. However she developed a severe allergic reaction to the pharmaceutical regimen and had to stop medicine. This made her unstable and her pregnancy high risk. She was confined to the hospital bed for 2 months, at which time she delivered the baby via emergency cesarean section. Luckily the baby was born and remained healthy. I immediately made a claim with the adverse vehicle's insurance carrier. I monitored the case and obtained the medical records on a routine basis and continued to advice the insurer's claim representative of the ongoing injuries and damages suffered by my client. Prior to commencing lawsuit the insurer tendered the liability policy. In essence my client got the full amount possible without having to resort to lawsuit.
  • Reckless driving

    Practice Area:
    Criminal Defense
    Date:
    Mar 19, 2010
    Outcome:
    reckless driving reduced to parking ticket
    Description:
    Reckless driving is a crime and 5 point motor vehicle violation. I prepared a case for trial and before testimony was taken had the matter reduced to a parking ticket through a conference with the judge and prosecutor.
  • Younkers City Court client charged w 17 points

    Practice Area:
    Speeding & Traffic Ticket
    Date:
    Apr 12, 2012
    Outcome:
    Negotiated a plea to a 2 point violation, a parking ticket, small fine, and a driver safety class
    Description:
    My client was charged with numerous moving violations totaling 17 points. He was facing a revocation of his license and a huge insurance increase
  • Hit the "trifecta" in New Rochelle City Court

    Practice Area:
    Speeding & Traffic Ticket
    Date:
    Nov 16, 2012
    Outcome:
    1 ticket dismissed on motion; 2 negotiated to 0 point parking tickets
    Description:
    Represented 3 clients in New Rochelle City Court - 2 speeding tickets and 1 lane change
  • Rosendale Town Court

    Practice Area:
    Speeding & Traffic Ticket
    Date:
    Jan 09, 2014
    Outcome:
    Case dismissed in total upon my written motion to dismiss
    Description:
    Class "A" CDL Trucker charged with several moving violations related to an accident
  • 6 point speed reduced to a 0 point parking ticket, Tuxedo, NY

    Practice Area:
    Speeding & Traffic Ticket
    Date:
    Apr 29, 2014
    Outcome:
    (not available)
    Description:
    (not available)
  • Appealed denial of re-licensing and remediated client's record with DMV

    Practice Area:
    Administrative Law
    Date:
    Mar 14, 2013
    Outcome:
    Appeal granted. License reinstated. DMV lifetime history corrected
    Description:
    Client was denied re-licensing after a revocation due to dangerous driving history. However, the NYS DMV had his record recorded incorrectly. We appealed the decision and proffered the requisite proofs of accuracy of the record in order to remediate the discrepancies.
  • 6 point speed reduced to a 2 point fail to obey a traffic control device, Stanford Town Court, NY

    Practice Area:
    Speeding & Traffic Ticket
    Date:
    Apr 30, 2014
    Outcome:
    (not available)
    Description:
    (not available)