Motor Vehicle Powers of Attorney

Often when multiple parties are responsible for an accident. In these instances the jury may decide to distribute damages to the victim according to their percentage of negligence.

Even though DMV hearings don't involve criminal court, a skilled NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico, LLP has years of experience representing clients in these hearings.

Power of Attorney

Power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document may grant a broad or limited power and must be prepared in accordance with the law of the State. The document must be signed by the signer or notarized before a notary public or witness. A motor vehicle power of attorney grants an agent the power to handle auto-related duties and may include the power to sell a car for example. If you're planning to draft an Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. Alternatively, you can have someone else do it for you.

Third parties can refuse to comply with Powers of Attorney. It could be because of a number of reasons. In some cases refusals can cause harm to the principal. The third party could be held responsible for these damages.

To avoid this, to prevent this from happening, the Power of Attorney should include language that states that the agent will not be the owner of any property or real estate owned by the principal without being explicitly specified in the document. The document should also provide that the agent has to submit to an outsider a summary of all transactions and other instances where he or she acts on behalf of the principal.

DMV Hearings

You are entitled to an appeal hearing in the event that DMV makes a decision that is discretionary against you (such as refusal to take breathalyzer tests). These hearings can be conducted in person or by phone, and are typically conducted by a driver safety hearing officer from DMV. DMV will present all its evidence against the person, including witnesses it has subpoenaed at the hearing. You are then able to present your own evidence, such as witnesses, documents, or your testimony. You may also present closing arguments to smear DMV and ask questions to the hearing officer.

It is more likely that you will win a DMV hearing if you hire a lawyer. A lawyer can help to determine if the officers who were involved in your case committed any mistakes during your arrest, like not clearly informing you that your driver's license could be suspended if you did not take the breath test.

Although you are not legally required to have an attorney present at the time of a DMV hearing however, hiring a NYC DMV lawyer will make the process much easier. An attorney is knowledgeable about the laws that apply to these types of cases and can help you present your case in a professional manner. Additionally, they can help you avoid being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicle Accident Law Firm Vehicles can suspend your license and driving privileges in the event that you are found guilty of certain traffic offenses or violations. Typically the suspension or revocation is in effect until you've completed all steps necessary to obtain your license reinstated.

The state in which you live, there are many different reasons that your driver's permit can be suspended. For instance states that utilize a point system, accumulation of too many points could result in an automatic suspension of your license. A judge may also revoke your license due to a traffic violation. In the majority of cases the court will let you to drive on a restricted driving permit during your suspension or revocation.

In some states your license could be revoked in certain cases, such as DUIs and vehicular manslaughter. In addition your license could be suspended for failure to pay back child support or other civil debts. Your license may also be revoked if you have a medical condition that makes it unsafe for you to operate an automobile.

Your New York lawyer will help you determine the state of your license, motor vehicle accident law firm and how best to proceed. He or she will explain that in most instances, you are entitled to a hearing before the DMV if your license is being suspended.

Representation

A representation letter is an important document that attorneys send to the person they want to sue. This puts the other party in the loop that they now have a representative who will speak on their behalf and also permits the lawyer to request documents and information from the party.

Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence is defined as a inability to exercise the standard of care that would be expected of a person who is reasonably prudent under similar circumstances. Accidents in the automobile are usually caused or influenced through a variety factors. The negligence of a driver could be driving while under the influence of drugs or alcohol, speeding, or disregarding traffic signs. Other reasons include distracted driving such as using a cellular phone or attempting to apply makeup while driving.

There are some instances where two people who have been injured in a car crash want the same attorney to represent them. However, it's ethically improper for one attorney to represent both the passenger and driver in a personal injury claim. This is due to each client having an interest conflict. This is avoided by drafting separate agreements for each client. Alternatively, each passenger can employ their own lawyer to make a claim against the adverse driver.