motor vehicle accidents Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these instances the jury can distribute damages to the victim by determining their percentage of negligence.

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

Power of Attorney

A power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a wide or limited range of powers and must be drafted according to the laws of the state. The document must be signed or notarized before a notary public or a witness. A motor vehicle power of attorney grants the agent the authority to take care of car-related obligations and could also include the ability to sell a car for instance. You can prepare an Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. You could also ask someone to prepare it.

Third parties are sometimes unable to accept Powers of Attorney. This can be for many reasons. In some cases, the refusal causes harm to the Principal, and the third party may be held liable for damages.

To avoid this, to avoid this, Power of Attorney should include specific language that says that the agent cannot take title to any property or real estate owned by the principal, unless explicitly specified in the document. The document should also state that the agent must give a third-party a summary on all transactions and other issues that they handle 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 a license suspension for refusing to take the breath test) you can request an appeal hearing to contest the decision. Hearings can be held in person or over the telephone, and are usually held in front of an DMV driver safety hearing officer. DMV presents all its evidence against the person, including witnesses it has subpoenaed at the hearing. Then, you can present affirmative evidence, such as documents, witnesses or even your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the hearing officer.

The outcome of the DMV hearing is contingent upon the facts of your case, however you are more likely to prevail by hiring an attorney. An attorney can assist you to determine if the officers involved in your case made any mistakes during your arrest, like not clearly informing you that your license could be suspended if you refuse to take a breath test.

Although you aren't required to have an attorney at an DMV hearing under the law however, hiring a NYC DMV lawyer can help make the process simpler. A lawyer is well-versed in the laws that apply to these cases and can help effectively present your case. They can also help you avoid being unfairly penalized by the DMV.

License Suspension

The Department of motor vehicle accidents Vehicles can suspend your driving privileges and license if you are found guilty of certain traffic violations or other legal violations. The suspension or the revocation of your license will normally remain in place until you've completed the required steps to get it back.

Depending on the state in which you reside, there are many different reasons your driver's licence may be suspended. In states that rely on points, for attorneys example excessive accumulation of points could result in being suspended. In addition to that, a judge may decide to have your license suspended if you are convicted of a traffic crime. In most instances the court will let you drive with a restricted driving license during your suspension or revocation.

In certain states, your license could be revoked in certain cases, such as DUIs and vehicular manslaughter. Additionally the license could be suspended for failure to pay back child support or other civil debts. Your license could also be revoked if you have a medical condition that makes it unsafe 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 the majority of instances, if your license has been suspended, you are entitled to an interview at the DMV.

Representation

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

A lot of motor vehicle accident claims are due to negligence, which is a tort. Negligence is defined as a inability to exercise the standard of care expected from a person who is prudent in the same circumstances. Automobile accidents often involve multiple elements that could lead to or contribute to the accident. A driver's negligence may include driving under the influence of drugs or alcohol speeding, or not paying attention to traffic signs. Other reasons include distracted driving such as using a cellular phone or attempting to apply makeup while driving.

In some instances there are instances where two victims of an accident in a vehicle want the same lawyer to represent them. It is, however, ethically wrong for a single attorney to represent both a passenger and a driver in a personal injury case. This is due to each client having a conflict of interest. This can be resolved by establishing a separate contract between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.