Motor Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these situations, a juror may award damages to the injured party in proportion to their percentage of negligence.

Although DMV hearings do not involve criminal court, an experienced NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico, LLP has years of experience representing clients in these proceedings.

Power of Attorney

The power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document can grant a wide or limited power and must be prepared in accordance with the law of the State. It must also be signed and notarized in the presence of a witness or a notary public. A rifle motor vehicle accident attorney vehicle power of attorney grants the agent authority to handle auto-related duties and may include the ability to sell a car, for example. You can draft a Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or use a free legal website such as eForms.com or NYLawHelp. Alternately, you can hire someone else to handle it for you.

Third parties are sometimes unable to honor Powers of Attorney. It can be due to a number of reasons. In some cases it can cause harm to the principal. The third party could be held responsible for these damages.

To prevent this from happening, to avoid this, Power of Attorney should include provisions that say that the agent cannot claim title to any real estate or property owned by the principal unless specifically specified in the document. The document should also provide that the agent should submit to an outside party a summary of all transactions and other circumstances in which the agent acts on behalf of the principal.

DMV Hearings

If DMV has a discretionary decision against your right to drive (such as license suspension for refusing to take the breath test) You can request be heard to challenge the decision. These hearings can be conducted in person or via the telephone, and usually conducted in front of the DMV driver safety hearing officer. In the hearing, DMV starts by presenting all of its evidence against you including any witness testimony it has subpoenaed. Then you're able to present evidence of affirmative nature (documents and witnesses, or your own testimony) to attack DMV's evidence in closing arguments and ask questions of the hearing officer.

In the end, winning an DMV hearing is dependent on the facts of your case, but you are more likely to prevail if you hire an attorney. A lawyer can help determine whether any mistakes were made by the officers during your arrest. For example, they may not have informed you that you would lose your license if you refused to take a breath test.

While you are not legally required to use an attorney present at an DMV hearing, hiring a NYC DMV attorney can make the process easier. A lawyer will be well-versed with the laws applicable to these kinds of cases and will assist you in present your case as efficiently as you can. Additionally, they can assist in preventing you from being unfairly penalized by the DMV.

Suspension of License

If you are accused of certain violations of the law or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. Usually, the suspension or revocation will remain in effect until you complete all necessary steps to obtain your license reinstated.

Depending on the state where you reside, there are many different reasons why your driver's license can be suspended. For instance, in states that use a point system, accumulation of too many points can result in an automatic suspension of your license. A judge may also revoke your license for a traffic violation. In the majority of instances the court will let you drive with a restricted driving license during the suspension or revocation.

In certain states, your license could be revoked if you have been found guilty of certain offenses like DUIs or vehicular murder. Additionally your license could be revoked if you fail to pay back child support or other civil debts. Your license may also be revoked if you suffer from a medical condition that renders you unfit to operate an automobile.

Your New York lawyer can help you determine the condition of your license and the best method to take. They will explain that in the majority of instances, you are entitled to an appearance before the DMV in the event of your license being suspended.

Representation

A representation letter is a very important document that an attorney sends to the person they plan to sue. This puts the other party on notice that they now have a representative who will speak on their behalf and also allows the attorney to ask for documents and information from the party.

Many antioch motor vehicle accident lawyer vehicle accident cases are in the tort doctrine of negligence. Negligence is defined as a inability to exercise the standard of care that would be expected from a person who is prudent in similar circumstances. Automobile accidents often involve multiple factors that could cause or contribute to the accident. For instance, a driver's carelessness could result in driving under the influence of alcohol or drugs, speeding, or disregarding traffic signals. Other reasons include distracted driving such as using a cellular phone or attempting to put on makeup while driving.

There are some instances where two people who are injured in a car accident want the same lawyer to represent them. But, it is ethically wrong for a single attorney to represent both the passenger and driver in a personal-injury claim. This is due to each client having an interest conflict. This can be avoided by creating separate agreements between the clients. Or, each person can employ their own lawyer to file a lawsuit against the driver that caused the issue.