Motor Vehicle Powers of Attorney

Multiple parties are often responsible for the accident. In these instances the jury may award damages to the injured party in proportion to their percentage of negligence.

Although DMV hearings are not a part of criminal court, an experienced NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients in these hearings.

Power of Attorney

Power of attorney is an official 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 broad or limited powers, and must be drafted in accordance to state law. The document must be signed by the signer or notarized before a notary public or a witness. A clayton motor vehicle accident attorney vehicle power-of-attorney grants the agent the power to perform duties related to vehicles, which may include selling a vehicle. If you're planning to draft an Power of Attorney yourself take a look at contacting your local Department of Motor Vehicles or using a free legal website like eForms or NYLawHelp. Alternatively, you can have someone else do it for you.

Third parties may refuse to comply with Powers Of Attorney. This could be due to a variety of reasons. In certain situations, a refusal can cause harm to the Principal. The third party may be held accountable for these damages.

To avoid this, the Power of Attorney should include words that state that the agent can't claim title to any property or real estate owned by the principal, unless explicitly stipulated in the document. The document should also stipulate that the agent must report to an outside party a summary of all transactions, as well as any other issues in which they are acting on behalf of the principal.

DMV Hearings

You have the right to appeal a decision If DMV makes a decision that is discretionary against you (such as an eviction of your license for refusing breathalyzer tests). Hearings are held in person or via phone, and usually 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 witness testimony it has subpoenaed. Then you're able to present affirmative evidence (documents, witnesses or your own testimony) and attack the DMV's argument in closing arguments, and ask questions to the hearing officer.

Winning an DMV hearing is largely contingent on the facts of your case, but you are more likely to win if you hire an attorney. A lawyer can assist you to determine if the police officers who were involved in your case committed any mistakes during your arrest, such as not letting you know that your license could be suspended if you did not take an breath test.

While you are not legally required to employ an attorney for a DMV hearing, hiring an NYC DMV attorney can make the process much easier. A lawyer is well-versed in the laws that apply to these types of cases and will help you present your case in a professional manner. Additionally, they will assist in preventing you from being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of specific traffic or legal offenses, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation is in effect until you complete all steps necessary to obtain your license reinstated.

Based on the state in which you reside, there are many different reasons that your driver's permit may be suspended. In states that require points, for instance the accumulation of too many points can lead to a suspension. A judge can also detain your license in the event of violations of traffic law. In the majority of cases, the court will allow you to drive with a restricted driving permit during the suspension or revocation.

In some states, your license may be suspended if you've been convicted of specific crimes like DUIs or vehicular murder. Your license may also be revoked when you fail to pay back child support or other civil debts. Your license can also be revoked if suffer from a medical issue that renders you unfit to operate a vehicle.

Your New York lawyer can help you determine the validity of your license and the best method to take. They will explain to you that in most instances, 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 lawyers must send to the party they will be suing. This puts the other party in the loop that they now have a representative who will speak on their behalf and also allows the attorney to ask for documents and other information from that party.

Many motor vehicle accidents are due to negligence, which is a tort. Negligence can be defined as lack of using the level of care that a prudent person would use in the same circumstances. Car accidents are often caused or contributed to by a variety of causes. For instance, driver's negligence can include driving when impaired by alcohol or drugs, or Vimeo speeding or disregarding traffic signals. Driving distracted, like using a cell phone while driving or applying makeup, is a separate aspect.

There are some instances in which two victims in a car accident would like the same lawyer to represent them. It is not ethical for an attorney to represent the driver and a passenger in a personal injury lawsuit. This is because each client has conflicts of interest. This can be overcome by establishing a separate agreement between each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.