Motor Vehicle Powers of Attorney

Many parties are usually responsible for the accident. In these instances jurors can award damages to the victim according to their percentage negligence.

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

Power of Attorney

A power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may confer broad or limited powers and attorneys must be prepared according to the laws of the state. The document must be signed or notarized by a notary or witness. A motor vehicle power of attorney gives the agent the authority to take care of car-related obligations and could also include the power to sell a car, for example. If you want to prepare the Power of Attorney yourself take a look at contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. You can also request someone to do it.

Third parties could refuse to honor Powers Of Attorney. This could be due to a variety of reasons. In some instances the refusal causes harm to the Principal and the third party can be held accountable for the damages.

To avoid this, to prevent this from happening, the Power of Attorney should include language that states that the agent will not assume title to any property or real estate owned by the principal unless specifically specified in the document. The document should also stipulate that the agent should submit to an outside party a summary of all transactions and other instances where they act on behalf of the principal.

DMV Hearings

If DMV decides to take a discretionary action against your right to drive (such as a license suspension for refusing to take breath tests), you have the right to a hearing to challenge the decision. These hearings can be conducted in person or via phone, and usually held before a safety driver hearing officer from DMV. The hearing is conducted by DMV starts by presenting all of its evidence against you and any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, such as witnesses, documents or your testimony. You can also make closing arguments to attack DMV and ask questions to the hearing official.

Winning the DMV hearing depends largely on the circumstances of your case, however you are more likely to win when you have an attorney. An attorney can assist in determining whether there were any mistakes committed by the police officers in your case during your arrest. For example, they may not have told you that you could lose your license if did not take a breath test.

Although you aren't legally required to use an attorney present at an DMV hearing, hiring an NYC DMV attorney will make the process simpler. A lawyer is well-versed in the laws surrounding these kinds of cases, and will help you present your case as effectively as possible. They can also help you avoid being unfairly penalized by the DMV.

License Suspension

If you are accused of certain criminal or traffic violations that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will typically remain in effect until you have completed the necessary steps to obtain it back.

The state in which you live, there are many different reasons that your driver's license could be suspended. For instance in states that employ points-based systems, the accumulation of too many points could result in an automatic suspension of your license. In addition, a judge can also ordain your license to be suspended if you are convicted of a traffic crime. In the majority of instances, courts will permit you to drive on a limited driving license during the period of suspension or the revocation.

In certain states, your driver's license can be suspended if you've been convicted of specific crimes like DUIs or vehicular manslaughter. In addition your license may be revoked for not paying back child support or other civil debts. Your license could also be revoked if you suffer from a medical condition that makes it unsafe for you to operate the vehicle.

Your New York lawyer can help you determine the status of license and the best way to proceed. They will explain to you that in the majority of instances, if your license has been suspended, then you have the right to an interview at the DMV.

Representation

A representation letter is a very important document that attorneys send to the person they plan to sue. This puts the other party in the loop that they have a representative that will speak on their behalf, and it also allows the attorney to ask for information and documents from that party.

Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence can be defined as failure to use the degree of care that a prudent person would use in similar circumstances. Automobile accidents are often caused or influenced by multiple factors. A driver's negligence could include driving while under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic signs. Distracted driving, like using your mobile phone while driving, or applying makeup, is a further reason.

There are instances where two people who are injured in a car accident need the same attorney to represent them. It is unethical for an attorney to represent a driver as well as a passenger in a personal injury case. Each client has a conflict. This can be avoided by creating separate agreements between the clients. Or, they can hire their own lawyers to file a lawsuit against the driver.