milliken motor vehicle accident law firm Vehicle Powers of Attorney

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

Although DMV hearings are not associated with criminal court, a seasoned NYC traffic attorney can make a substantial impact on the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that allows the person to authorise another to act in his or her name. The document may grant broad or limited powers and must be drafted in accordance to state law. It must also be signed and/or notarized in the presence of a witness or notary public. A motor vehicle power of attorney grants the agent the authority to manage vehicle-related responsibilities and may include the power to sell a vehicle, for example. If you're interested in preparing a Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. You can also request someone to help you prepare it.

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

To prevent this from happening, it is important that the Power of Attorney include language which states that the agent will not have title to any real estate or other property that is owned by the principal unless explicitly stated in the document. The document should also stipulate that the agent has to submit to an outside party a summary of all transactions and any other instances where he or she acts on behalf of the principal.

DMV Hearings

You have the right to an appeal hearing If DMV decides to take a discretionary action against you (such as the suspension of your license for refusing to take breathalyzer tests). Hearings are held in person or over the phone, and are typically held before the DMV driver safety hearing officer. At the hearing, DMV goes first, presenting all of its evidence against you including 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 challenge DMV and ask questions to the judge.

Achieving a DMV hearing is largely contingent on the specifics of your case, however you are more likely to win if you hire an attorney. An attorney can assist you to determine if the police officers involved in your case committed any mistakes during your arrest, such as not letting you know that your license will be suspended if you refuse to take the breath test.

Although you are not legally required to use an attorney present at an DMV hearing having a NYC DMV lawyer can help make the process simpler. An attorney is knowledgeable about the laws that apply to these cases and can assist you to effectively present your case. They can also assist you to avoid being unfairly penalized by the DMV.

Suspension of License

If you are accused of certain criminal or traffic violations, 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've completed the necessary steps to get it back.

Your driver's license could be suspended for various reasons, based on where you live. For instance in states that employ points system, the accumulation of too many points may result in an automatic suspension of your license. In addition, a judge can also decide to have your license suspended in the event of a traffic violation. In most instances, the court will allow you to drive under an restricted driving permit during the suspension or revocation.

In certain states, your license may be revoked for certain offenses, such as DUIs and vehicular manslaughter. Additionally, your license can be revoked if you fail to pay back child support or other civil debts. Your license may be revoked in the event that you suffer from a medical condition that renders you unfit to operate a vehicle.

Your New York lawyer will help you to determine the status of your license and the best to proceed. He or she will explain that in most cases, you have the right to an hearing before the DMV in the event of your license suspended.

Representation

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

Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence is defined as failure to apply the same level of care that a reasonably prudent person would have applied under similar circumstances. Automobile accidents often involve multiple factors that can cause or contribute to the incident. A driver's negligence could include driving under the influence of drugs or alcohol or speeding, or ignoring traffic warnings. Other factors include distracted driving such as using a cellular phone or attempting to apply makeup while driving.

In some instances when two people are injured in an accident in a vehicle want the same lawyer to represent them. It is unethical for an attorney to represent the driver and a passenger in a personal injury case. This is because each client has a conflict of interest. This can be overcome by establishing a separate contract between each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.