Motor Vehicle Powers of Attorney

Frequently there are multiple parties who share the blame for an accident. In such situations the jury may decide to distribute damages to the victim by determining their percentage of negligence.

Even though DMV hearings aren't associated with criminal court, a seasoned NYC traffic attorney can make a significant difference in the outcome of your case. Gannes & Musico, LLP has extensive experience in representing clients in these hearings.

Power of Attorney

The power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can grant a broad or limited power and must be prepared in accordance with the law of the State. It must be signed and/or notarized in the presence of a notary or witness public. A Motor Vehicle Accident Lawsuits vehicle power of attorney grants the agent the authority to manage the responsibilities of a vehicle and could include the power to sell a car for Motor Vehicle Accident Lawsuits example. You can create an Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. You can also request someone to do it.

Third parties may not comply with Powers of Attorney. It could be because of many reasons. In some cases the refusal causes harm to the Principal and the third party can be held accountable for the damages.

To prevent this from happening it is essential that the Power of Attorney include language which states that the agent will not claim title to any real estate or other property owned by the principal, unless explicitly stated in the document. The document should also mention that the agent must submit to a third party an account of all transactions and other matters in which they act on behalf of their principal.

DMV Hearings

If DMV or other agency makes a decision that is discretionary against your right to drive (such as license suspension due to refusing to take breath tests) You are entitled to an appeal hearing to contest the decision. Hearings can be held in person or by telephone, and usually conducted by an DMV driver safety hearing officer. In the hearing, DMV starts by presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. You then have the option of presenting affirmative evidence, such as documents, witnesses or even your testimony. You can also make closing arguments to challenge DMV and ask questions to the judge.

Winning an DMV hearing depends largely on the facts of your case, however you are more likely to win if you hire an attorney. An attorney can help you determine if any mistakes were made by the police in your case during your arrest. For example they may not have warned you that you could lose your license if you refused a breath test.

Although you aren't legally required to have an attorney at a DMV hearing under the law however, hiring a NYC DMV lawyer can make the process more efficient. An attorney is knowledgeable about all the laws that apply to these kinds of cases and can help present your case effectively. Additionally, they will help you avoid being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of specific criminal or traffic offenses and are found guilty, the Department of motor vehicle accident lawsuits Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will typically remain in effect until you've completed the necessary steps to obtain it back.

Your driver's license can be suspended for various reasons, based on where you reside. In states that require points, for example, accumulating too many can lead to the suspension. In addition to that, a judge may require your license to be suspended for a traffic offense. In the majority of instances, a judge will permit you to drive using a restricted driving permit during the time of suspension or the revocation.

In some states your license can be revoked for certain crimes, including DUIs and vehicular manslaughter. The license can also be revoked when you are unable to pay back child support or other civil debts. You could also lose your license if you suffer from a medical issue that makes driving a vehicle unsafe.

Your New York lawyer can help you determine the validity of your license and the best way to proceed. They will explain to you that in the majority of cases, if you're license is suspended, you are entitled to a hearing at the DMV.

Representation

A representation letter is a very important document that attorneys send to the person he plans to sue. This notifies the other party that they have a representative who will represent them. It also allows the lawyer to request documents and information from the other party.

Many motor vehicle accident cases are based on the tort concept of negligence. Negligence is defined as failure to use the degree of care that a reasonably prudent person would use under similar circumstances. Accidents involving cars often involve multiple factors which may cause or contribute to the accident. A driver's negligence could include driving under the influence of alcohol or drugs speeding, or not paying attention to traffic warnings. Driving distracted, like using your cell phone while driving, or applying makeup, is another reason.

In some cases there are instances where two victims of an accident in a vehicle want the same lawyer to represent them. However, it is ethically improper for one attorney to represent both a passenger and driver in a personal injury claim. This is due to each client having conflicts of interest. This can be resolved by establishing a separate contract between each client. Alternatively, each passenger can hire their own lawyer to bring a lawsuit against the driver that caused the issue.