Motor Vehicle Powers of Attorney

In most cases it is the case that multiple parties share responsibility for an accident. In these situations the jury may decide to distribute the damages awarded to the victim based on their percentage of negligence.

Even though DMV hearings are not a part of criminal courts, a seasoned NYC traffic lawyer can make a huge difference in the outcome. Gannes & Musico LLP has many years of experience representing clients at these hearings.

Power of Attorney

A power of attorney is a document that allows the person to authorise another to perform acts in his or her name. The document can grant a broad or limited set of powers and must be drafted according to the laws of the state. The document must be signed by the signer or notarized before a notary public or witness. A motor vehicle accident attorney vehicle power of attorney grants an agent the power to handle auto-related duties and may include the power to sell a car, for instance. If you're planning to draft the Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a free legal website like eForms or NYLawHelp. You could also ask someone to prepare it.

Third parties may not honor Powers of Attorney. This can be for various reasons. In certain situations the refusal could cause harm to the Principal. The third party could be held responsible for these damages.

To prevent this from happening, it is important that the Power of Attorney include language indicating that the agent cannot 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 state that the agent is required to provide a third party with the details of every transaction and other matter that they perform on behalf of their principal.

DMV Hearings

If DMV decides to take a discretionary action against your right to drive (such as suspension of your license for refusing to take the breath test) You are entitled to an appeal hearing to contest the decision. Hearings can be held in person or by telephone, and usually conducted in front of an DMV driver safety hearing officer. DMV will present all its evidence against the person, including any witnesses it has subpoenaed at the hearing. Then, you can present affirmative evidence, such as documents, witnesses or even your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the judge.

Winning 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 in determining the extent of any errors committed by the police officers during your arrest. For instance they might not have warned you that you could lose your license if did not take a breath test.

Although you aren't legally required to have an attorney at an DMV hearing by law hiring a NYC DMV lawyer can make the process easier. A lawyer will be well-versed regarding the laws governing these types of cases, and will help you present your case as effectively as is possible. In addition, they can help to prevent you from being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of specific criminal or traffic violations, the Department of motor vehicle accident attorneys Vehicles may suspend your license and driving privileges. The suspension or suspension of your license is normally remain in place until you have completed all the necessary steps to get it back.

Your driver's license can be suspended for a variety of reasons, based on where you live. For instance states that have points-based systems, the accumulation of too many points may lead to the suspension of your license. A judge may also revoke your license due to traffic violations. In the majority of instances, a judge will allow you to drive on a limited driving license during the period of suspension or cancellation.

In some states, your license can be revoked if been found guilty of certain crimes, such as DUIs or vehicular manslaughter. Additionally the license could be revoked for not paying back child support or other civil debts. You can also lose your license if are suffering with a medical condition that can make driving a car unsafe.

Your New York lawyer will help you to determine the status of your license and the best to proceed. They will explain to you that in most cases, if your license was suspended, you are entitled to an hearing at the DMV.

Representation

A representation letter is a crucial piece of paper that a lawyer sends to the person they'll be suing. This puts the other party in the loop that they now have a representative who will speak on their behalf and also permits the attorney to ask for details and documents from that 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 reasonably prudent person would have used in the same circumstances. Automobile accidents often involve multiple factors that could cause or contribute to the incident. A driver's negligence could include driving under the influence of alcohol or drugs, speeding, or disregarding traffic signs. Driving distracted, like using your cellular phone while driving or applying makeup, is another aspect.

In some cases there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. However, it's ethically wrong for a single attorney to represent both the passenger and driver in a personal injury lawsuit. Each client has a conflict. This can be overcome by creating a separate contract between each client. Or, each person can employ their own lawyer to bring a lawsuit against the driver who was at fault.