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 the damages awarded to the injured party by determining their percentage of negligence.

Even though DMV hearings aren't criminal court-related, an experienced NYC traffic lawyer can make a huge difference in the outcome of your case. Gannes & Musico LLP has many years of experience representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can confer broad or limited powers, and must be prepared according to the laws of the state. The document must be signed by the signer or notarized by a notary public or witness. A motor vehicle power of attorney gives the agent the authority to manage auto-related duties and may include the ability to sell a car, for instance. If you're looking to create an Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. You can also ask a friend to do it.

Third parties sometimes refuse to accept Powers of Attorney. This could be due to many reasons. In certain situations it can cause harm to the Principal. The third party may be held accountable for these damages.

To prevent this from happening to avoid this, the Power of Attorney should include words that state that the agent cannot take title to any real estate or property owned by the principal without being specifically specified in the document. The document should also state that the agent must provide a third party with a summary on every transaction and other matter that they perform on behalf of their principal.

DMV Hearings

You have the right to an appeal hearing when DMV makes a decision that is discretionary against you (such as refusal to take the breathalyzer test). Hearings are held in person or by phone, and are typically held in front of a driver safety hearing officer from DMV. The hearing is conducted by DMV goes first, presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. You can then present affirmative evidence, such as documents, witnesses or even your testimony. You may also present closing arguments to attack DMV and ask questions to the judge.

You are more likely to prevail at a DMV hearing if you engage a lawyer. A lawyer can help to determine if the officers involved in your case committed any errors during your arrest, such as not indicating clearly that your license would be suspended if it was not possible to take an alcohol test.

While you're not legally required to have an attorney present at a DMV hearing however, hiring a NYC DMV lawyer can make the process easier. An attorney is knowledgeable about all the laws applicable to these cases and will help you make your case convincingly. They can also help you avoid being unfairly penalized at the DMV.

License Suspension

The Department of motor vehicle accident law firm Vehicles can suspend your driving privileges and license in the event that you are accused of certain traffic offenses or legal violations. The suspension or suspension of your license is typically remain in effect until you've completed the required steps to get it back.

Depending on the state in which you live there are a variety of reasons your driver's licence may be suspended. For instance states that utilize a point system, accumulation of too many points may result in an automatic suspension of your license. Additionally, a judge can also order your license to be suspended in the event of a traffic violation. In the majority of cases the court will let you to drive on an restricted driving permit during the suspension or the revocation.

In some states your license could be revoked for certain crimes such as DUIs and vehicular manslaughter. In addition your license could be revoked if you fail to pay back child support or other civil debts. Your license could also be revoked if you have a medical condition that makes it unsafe for you to operate an automobile.

Your New York lawyer can help you determine the status of your license and the best method to take. They will explain to you that in most cases, if your license has been suspended, you are entitled to an interview at the DMV.

Representation

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

Many motor vehicle accident cases are based on the tort concept of negligence. Negligence can be defined as inability to exercise the level of care that a prudent person would have applied in similar circumstances. Accidents in the automobile are usually caused or influenced by a variety of causes. For instance, driver's carelessness could result in driving impaired by alcohol or drugs, speeding or disregarding traffic signals. Distracted driving, automobile like using a cell phone while driving or applying makeup, is another reason.

In some instances when two people are injured in an accident in a car want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as an injured person in a personal injuries claim. Each client has a conflict. This can be avoided by making separate agreements between each client. Or, they can hire their own lawyers to file a suit against the driver.