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Michael J Palumbo
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Michael Palumbo’s Answers

3,491 total


  • Can I file suit against a town court for damages and loss of income due to a wrongfully suspended driver's license

    About 20 minutes ago I was pulled over for evading a traffic signal the officer came back and told me that my license was suspended. Apparently what happened was a town where I work suspended my license for failure to respond to a ticket. The back...

    Michael’s Answer

    Assume the following hypothetical - you lose $20,000.00 in sales. Further suppose that there is 100% liability on the court. Now, you want a lawyer to take this case on contingency (because at $400.00 an hour it would cost you $20k, and this case will take at least that), so you want a lawyer to take this on contingency. Which means our MAXIMUM upside is $6,600.00. This case can easily take 150 hours, which turns this into a $44.00 an hour fee. As a commissioned salesman, you can clearly see that no lawyer that values his time and income level will represent you, because there is too much risk with not enough upside.

    Furthermore, it does not sound like your damages would be causally related to the mistake that was made. This is because you do not drive for a living. All you have to do is sit next to someone who will be driving. You don't need a license to be a passenger in a motor vehicle. Perhaps that is an internal job requirement. The court's mistake still would likely not make them liable, because your particular situation us unforseeable that from their mistake you would lose sales, as you do not drive for a living. If they did this to someone with a commercial driver's license that may be a different story.

    In addition, assuming you had a case and a recovery that a lawyer would be interested in doing the work, you still have to prove your damages. You are a commissioned salesman. Whose to say that you would not have struck out the entire weekend?

    Rather than spin your wheels with worrying about a lawsuit that is never going to happen unless you hit a law library and learn how to do it, you should focus on the fact that you are charged with a crime. and you need representation for that. That you need to forthwith restore your driver's license, which may be suspended NOT for that ticket, but for something else. A lawyer can immediately pull your driving history from the DMV and get you back on the road forthwith. Then, we can represent you in the court and get your personal appearance waived so you do not lose more commissions or miss more court dates and filing deadlines like you may have done here.

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  • Nassau County, NY lawyers that can help with unpaid parking tickets?

    I'm an idiot, but I used to let my roommate borrow my old car. She racked up 6 parking tickets on my car, on different dates over the span of a few months in 2015. I moved from NY in 2015, and the courthouse kept sending notices to my old address ...

    Michael’s Answer

    The problem is that you will pay $500.00 for legal services. What you need to do is STOP calling the Village Court they don't care. Rather, call the Village Prosecutor whom represents the village in the collection of the fines and they will likely work with you in executing either a payment plan or a discount to make a lump sum payment. You can reach them at:

    Archie T. Cheng, Esq.
    Village Prosecutor
    (516) 354-7255

    Arthur T. Walsh, Esq.
    Asst. Village Prosecutor
    (516) 741-1818

    Good luck!

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  • Any recourse on an already-paid MA uniform citation?

    Back in Nov, I received a ticket for speeding in a Mass Pike toll plaza (cited as travelling 48mph in a 25mph zone). Since it was only $50 and wanting to be done with it, I paid it quickly. A few weeks later, I noticed that there is actually no 25...

    Michael’s Answer

    You can retain counsel to vacate the plea of guilty. It will cost a couple of thousand dollars, but depending on your situation it may or may not be worth it.

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  • This morning driving to work I got a citation.

    The cop pulled me over and asked why I was going so fast and I responded by telling him I was late for work. I know it was the dumbest answer I could have given. He said I was was going 96 in 50mph zone on a parkway. I've never been cited before. ...

    Michael’s Answer

    The question is not whether or not you will be found guilty - if the cop comes into court with a pulse you will be - but rather the question is whether or not your license will be suspended, and for how long. The right traffic ticket defense lawyer can at least keep you on the road.

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  • Trying to find out if my nj driver license is suspended

    Don't think so but I would like to know any help would be appreciated

    Michael’s Answer

    Run your abstract. Once you get it and if you cannot interpret it, reach out to a lawyer and retain him to explain it to you, explain to you whether or not you are suspended, and if so how to get your privileges restored. The link to run your abstract is attached. http://www.state.nj.us/mvc/Licenses/DriverHistory.htm

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  • Can I expunge a ticket? if so do I meet the circumstances?

    im trying to uber, I have 3 prior tickets, all saying (driving with out driver license/insurance/registration. when I got those tickets I always had my license so im not sure why it says that but I think its categorizing the tickets in that genera...

    Michael’s Answer

    Yes you can. You have to retain a NJ counsel and move the court or courts in a special proceeding to vacate prior pleas and findings of guilty. If however you are not willing to spend at least $1,500.00 per proceeding then don't waste your time talking to lawyers about the issue.

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  • What is the downside of just paying the ticket?

    I am a PA resident and received a speeding ticket in NJ. The Officer mentioned that it was a 4 point violation - (67 MPH in a 40 MPH zone). The Officer mentioned two things - 1) that he was not sure how or if the points carried over to my PA lic...

    Michael’s Answer

    NEVER EVER take legal advice from a cop. They are experts in traffic safety, not traffic law. YES, the conviction will transfer to PA and your insurance will be surcharged, so it is worth fighting.

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  • In upstate NY, is it possible to plea not guilty/plea bargain all via mail without representation?

    I (NJ resident) was traveling on I87 north bound around 9PM going towards Montreal. since my kid had to use the bathroom, I drove a bit faster to get to the next rest stop. The officer caught me speeding at 83 MPH in a 65 MPH zone after exit 33....

    Michael’s Answer

    The court is not there to answer your questions like the umpire is not there to consult the pitcher on the next pitch to throw. This is the very reason why people should retain counsel for speeding tickets - because the system is confusing and complex. The questions you seek answers to is the very service we sell. So no lawyer is going to give you specific, step by step directions. If you want to do it yourself you are going to have to take the time to learn what it is to do on your own. Or, you can hire a lawyer to do it for you so that you do not have to try to hack and piecemeal your way through this or drive 10 hours round trip to go to court and still not know what to do.

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  • I went to the grocery store, and fall down on their entrance, it was slippery. Took photos of injuries of leg and elbow.

    I went to the grocery store, and fall down on their entrance, it was slippery. Took photos of injuries of leg and elbow. I fall on my back, and since then i have a constant back pain, and leg pain. Owner saw me falling down. I didnt see a doctor,...

    Michael’s Answer

    Your slip and fall was a year ago. You never went to an ER. You never went to a doctor. You have been in pain for 11 MONTHS yet you are just now thinking about seeing a lawyer. You have no way in the world to prove your damages, i.e., that your pain is related to the injuries you suffered in your slip and fall. I highly doubt any lawyer will take your case. Next time go from the scene of the accident to the ER in an ambulance and then follow up right away with medical treatment.

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  • I got the speeding ticket when i had the license for 5 months(Probation).Yesterday in the court i was found guilty got 4pnt

    I was found guilty got 4 points on my license.When i got ticket my license was on probation for 6 month as it was a new license but i was found guilty yesterday and now i am out of the probationary period as i have the license for 8 months now .Wi...

    Michael’s Answer

    You will be suspended nunc pro tunc. Many of my clients appeal the conviction, which at least stays the suspension. It buys them time to get a new line of work if they lose the appeal.

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