Motor Vehicle Powers of Attorney

In most cases, multiple parties share responsibility for an accident. In these situations, a juror may award damages to the victim in proportion to their percentage of negligence.

Even though DMV hearings are not a part of criminal court, a skilled NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.

Power of Attorney

A power of attorney is a legal document that allows an individual to authorize another to act in their name. The document may grant a broad or limited set of powers and must be prepared in accordance with State law. It must also be signed and notarized in the presence of a witness or notary public. A motor vehicle power of attorney gives the agent authority to handle car-related obligations and could also include the power to sell a car for instance. You can make the Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or use a free legal site like eForms.com or NYLawHelp. You can also ask a friend to assist you.

Third parties might not respect Powers Of Attorney. This can be for many reasons. In some instances the refusal can cause harm to the Principal and the third party may be held responsible for the damages.

To avoid this, to avoid this, Power of Attorney should include language that states that the agent is not able to be the owner of any real estate or property owned by the principal without being specifically specified in the document. The document should also specify that the agent is required to give a third-party an account of all transactions and other matters that they perform on behalf of their principal.

DMV Hearings

If DMV orders a discretionary action against your right to drive (such as license suspension due to refusing to take a breath test) you have the right to a hearing to challenge the decision. Hearings are held in person or via phone, and are usually held in front of a driver safety hearing officer from DMV. At the hearing, DMV goes first, presenting all of its evidence against you, including any witness testimony it has subpoenaed. Then, you can present affirmative evidence, including witnesses, documents or your testimony. You can also make closing arguments to attack DMV and ask questions to the judge.

It is more likely that you will win the DMV hearing if you hire a lawyer. An attorney can assist in determining if any mistakes were made by the police during your arrest. For example they might not have informed you that you would lose your license if you declined a breath sample.

While you are not legally required to have an attorney for the DMV hearing, hiring an NYC DMV attorney can make the process much easier. A lawyer is well-versed in all 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 offenses that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation will stay in effect until the time you complete all the steps required to get your license reinstated.

Your driver's license could be suspended for various reasons, based upon where you reside. In states that rely on points, for example, accumulating too many can lead to the suspension. A judge can also take away your license in the event of traffic violations. In most instances, the court will allow you drive with an restricted driving permit during the suspension or the revocation.

In some states your license may be revoked for certain crimes, including DUIs and vehicular manslaughter. Your license may also be revoked when you are unable to pay back child support or other civil debts. Your license may also be revoked if suffer from a medical condition which renders you unfit to operate in a vehicle.

Your New York lawyer can help you determine the status of your license and the best method to take. They will explain that in the majority of cases, you're entitled to an hearing before the DMV if your license is suspended.

Representation

A representation letter is a crucial piece of paper that lawyers must send to the person they'll be suing. This notifies the other party that they have a representative that will represent them. It also permits the lawyer to request documents and information from the other party.

Many motor vehicle accidents vehicle accident (More hints) cases are based on the tort concept of negligence. Negligence is defined as failure to use the degree of care a prudent person would use under similar circumstances. Automobile accidents often involve multiple elements that could lead to or contribute to the accident. A driver's fault could be driving under the influence of alcohol or drugs speeding, or not paying attention to traffic warnings. Distracted driving, such as using your mobile phone while driving, or applying makeup, is another factor.

There are situations where two victims in a car accident would like the same attorney to represent them. But, it is ethically improper for one attorney to represent both the passenger and driver in a personal injury case. Each client has a conflict. This can be avoided by creating distinct agreements between each client. In addition, passengers can employ their own lawyers to file a suit against the driver.