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Motor Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In such cases the jury may decide to distribute damages to the victim based on their percentage of negligence.

While DMV hearings aren't connected to criminal court, an experienced NYC traffic lawyer can make a significant impact on the outcome of your case. Gannes & Musico LLP has years of experience representing clients in these hearings.

Power of Attorney

A power of attorney is a document that allows an individual to authorize another to perform acts in his or her name. The document can grant a wide or limited power and must be drafted in accordance with the law of the State. It must also be notarized and signed in the presence of a witness or notary public. A motor vehicle Accident attorney vehicle power of attorney gives the agent the authority to manage the responsibilities of a vehicle and could include the ability to sell a vehicle, for example. If you want to prepare the Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a free online legal website like eForms or NYLawHelp. You can also ask someone to assist you.

Third parties can refuse to honor Powers of Attorney. This can be due to many reasons. In some instances the refusal may cause harm to the Principal and the third party can be held liable for damages.

To prevent this from happening to avoid this, the Power of Attorney should include language that states that the agent will not take title to any property or real estate owned by the principal unless specifically stipulated in the document. The document should also stipulate that the agent is required to report to a third party the details of every transaction and other matter that they conduct on behalf of their principal.

DMV Hearings

If DMV has a discretionary decision against your right to drive (such as license suspension due to refusing to take the breath test), you have the right to a hearing to challenge the decision. Hearings can be held in-person or over the phone, and are usually held in front of a driver safety hearing officer from DMV. In the hearing, DMV goes first, presenting all evidence it has against you, including any witness testimony it has subpoenaed. Then it's your turn to present evidence of affirmative nature (documents and motor vehicle Accident attorney witnesses, or your own testimony) to attack DMV's evidence in closing arguments and ask questions to the hearing officer.

It is more likely that you will win a DMV hearing if you employ an attorney. An attorney can assist you to determine if the officers who were involved in your case committed any mistakes during your arrest, for instance, not clearly advising you that your license will be suspended if you refuse to take a breath test.

Although you aren't required to have an attorney present at a DMV hearing under the law hiring a NYC DMV lawyer can help make the process simpler. An attorney is knowledgeable about all the laws applicable to these cases and can help you effectively present your case. They can also assist you to avoid being unfairly penalized by the DMV.

Suspension of License

The Department of motor vehicle accident lawyer Vehicles can suspend your driving privileges and license if you are accused of certain traffic offenses or legal violations. Typically the suspension or revocation will remain in effect until you have completed all required steps to get your license reinstated.

Based on the state in which you live, there are many different reasons why your driver's license could be suspended. States that use points, for example the accumulation of too many points can cause being suspended. A judge can also detain your license due to an offense in traffic. In most instances, the court will allow you drive with a restricted driving permit during the suspension or the revocation.

In certain states, your license may be suspended if you've been convicted of certain crimes, such as DUIs or vehicular murder. In addition, your license can be revoked if you fail to pay back child support or other civil debts. Your license may also be revoked if you have a medical condition that makes it unsafe to operate the vehicle.

Your New York lawyer can help you determine the status of your license and the best method to take. The lawyer will explain to you that in most cases, if you're license is suspended, you have the right to an hearing at the DMV.

Representation

A representation letter is a crucial piece of paper that a lawyer delivers to the party they will be suing. The letter informs the other party that they have a representative that will speak on their behalf. It also allows the lawyer to request documents and information from the other party.

A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence is defined as failure to use the degree of care a prudent person would have used in similar circumstances. Accidents involving cars are usually caused or influenced by multiple factors. A driver's negligence may include driving under the influence of drugs or alcohol speeding, or not paying attention to traffic warnings. Other causes include driving distracted, such as using a cellular phone or attempting to apply makeup while driving.

There are situations where two people who are injured in a car accident would like the same attorney to represent them. It is unethical for an attorney to represent the driver and an injured person in a personal injuries claim. Each client is in conflict. This can be avoided by making separate agreements between the clients. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.