Motor Vehicle Powers of Attorney

In most cases when multiple parties are responsible for an accident. In such cases the jury may decide to distribute the award of damages to the injured party based on their percentage of negligence.

While DMV hearings aren't connected to criminal court, blog.w3rq.com an experienced NYC traffic lawyer can make a substantial difference in the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.

Power of Attorney

Power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may grant broad or limited powers and must be drafted in accordance with the state's law. It must also be notarized and signed in the presence of a notary or witness public. A motor vehicle accident lawsuit vehicle power of attorney gives the agent the authority to take care of auto-related duties and may include the ability to sell a car for instance. You can make an Power of Attorney by yourself if you contact your local Department of motor vehicle accident lawyers Vehicles, or visit a free legal site like eForms.com or NYLawHelp. Alternately, you can ask someone else to do the work for you.

Third parties may not honor Powers of Attorney. This could be due to a variety of reasons. In some cases the refusal may cause harm to the Principal and the third party may be held liable for damages.

To avoid this it is crucial that the Power of Attorney include language indicating that the agent cannot claim title to any real estate or other property owned by the principal unless otherwise specifically stated in the document. The document should also state that the agent is required to submit to a third party a summary on every transaction and other matter in which they act on behalf of their principal.

DMV Hearings

If DMV decides to take a discretionary action against your driving privilege (such as license suspension due to refusing to take breath tests), you have the right to be heard to challenge the decision. Hearings are held in-person or over the phone, and are usually conducted by a driver safety hearing officer from DMV. In the hearing, DMV goes first, presenting all of its evidence against you including any testimony of witnesses it has subpoenaed. It's your turn to present evidence that is affirmative (documents and witnesses, or your own testimony) to attack DMV's evidence in closing arguments and ask questions of the hearing officer.

Achieving an DMV hearing is contingent upon the specifics of your case, however you are more likely to win by hiring an attorney. An attorney can assist in determining whether there were any mistakes committed by the police officers during your arrest. For instance, they may not have advised you that you would lose your license if you refused a breath test.

While you are not legally required to employ an attorney present at an DMV hearing, hiring an NYC DMV attorney will make the process easier. A lawyer will be well-versed in the laws that govern these kinds of cases, and will assist you in present your case as efficiently as is possible. They can also assist you to avoid being unfairly penalized at the DMV.

Suspension of License

If you are found guilty of certain traffic or legal offenses that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or suspension of your license is usually remain in place until you have completed all the necessary steps to obtain it back.

Based on the state in which you reside, there are many different reasons that your driver's permit may be suspended. States that use points, for example having too many points could result in the suspension. A judge can also suspend your license due to a traffic violation. In the majority of instances, courts will permit you to drive with a limited driving license during the period of your suspension or revocation.

In certain states, your license could be revoked in certain cases, such as DUIs and vehicular manslaughter. Your license can 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 condition which renders you unfit to operate the vehicle.

Your New York lawyer can help you determine the validity of your license and the best method to take. The lawyer will explain that in many cases, you're entitled to an appearance before the DMV in the event of your license being suspended.

Representation

A representation letter is an important document that attorneys send to the person he plans to sue. This puts the other party in the loop that they have a representative that will represent them, and it also allows the lawyer to request documents and other information from that party.

Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence is defined as failure to apply the same level of care that a reasonably prudent person would have applied under similar circumstances. Automobile accidents usually involve multiple elements that could lead to or contribute to the incident. The negligence of a driver could be driving under the influence of drugs or alcohol speeding, or not paying attention to traffic signs. Distracted driving, like using a cell phone while driving, or applying makeup, is a further factor.

In some cases when two people are injured in an accident in a vehicle would like the same lawyer to represent them. But, it is ethically improper for one attorney to represent both the passenger and a driver in a personal injury case. Each client is in conflict. This can be resolved by establishing a separate contract between each client. Alternatively, each passenger can hire his or her own lawyer to file a lawsuit against the driver who was at fault.