Motor Vehicle Powers of Attorney

There are many parties that are responsible for an accident. In these situations the jury could distribute the award of damages to the injured party according to their percentage of negligence.

Although DMV hearings do not have to be connected to criminal court, an experienced NYC traffic lawyer will make a major motor vehicle accident law firm difference in the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients at these hearings.

Power of Attorney

Power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document may grant a broad or limited scope of powers and must be drafted in accordance with State law. The document must be signed by the signer or notarized by a notary or witness. A motor vehicle accidents vehicle power of attorney grants the agent the authority to manage car-related obligations and could also include the power to sell a car for example. You can draft an Power of Attorney yourself if you contact your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. Alternatively, motor Vehicle Accident law firm you can request someone else to complete the task for you.

Third parties may not comply with Powers of Attorney. It could be because of various reasons. In certain situations the refusal could cause harm to the Principal. The third party may be held accountable for the damages.

To avoid this it is crucial that the Power of Attorney include language indicating that the agent cannot be the owner of any real estate or other property owned by the principal unless specified otherwise in the document. The document should also stipulate that the agent must give a third-party an overview of all transactions and other issues in which they act on behalf of their principal.

DMV Hearings

You have the right to appeal a decision when DMV makes a decision that is discretionary against you (such as refusal to take a breathalyzer). These hearings are conducted either in person or over the phone, and usually held in front of a driver safety hearing officer from DMV. In the hearing, DMV begins by presenting all of its evidence against you and any witness testimony it has subpoenaed. Then it's your turn to provide evidence in support of your claim (documents and witnesses, or your own testimony) to attack DMV's evidence in closing arguments and ask questions to the hearing officer.

You are more likely to win in a DMV hearing if you employ an attorney. An attorney can assist you to determine if the officers who were involved in your case committed any mistakes during the arrest, such as not letting you know that your license will be suspended if you did not take an alcohol test.

While you are not legally required to hire an attorney at the DMV hearing, hiring an NYC DMV attorney can make the process much simpler. An attorney is well-versed in the laws surrounding these kinds of cases, and can assist you to present your case as efficiently as possible. They can also help you avoid being unfairly penalized at the DMV.

License Suspension

If you are found guilty of specific violations of the law that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will normally remain in place until you have completed the steps required to get it back.

Based on the state in which you reside, there are many different reasons that your driver's license can be suspended. For instance states that have points, the accumulation of too many points can result in an automatic suspension of your license. A judge can also take away your license due to traffic violations. In the majority of instances the court will let you to drive under a restricted driving permit during your suspension or revocation.

In some states, your license may be revoked if you have been found guilty of certain offenses, such as DUIs or vehicular manslaughter. Your license can also be revoked when you are unable to pay back child support, or other civil debts. Your license could also be revoked if you suffer from a medical issue that makes it unsafe for you to operate the vehicle.

Your New York lawyer will help you to determine the status of your license and the best to proceed. They will explain to you that in the majority of instances, if your license has been suspended, you are entitled to a hearing at the DMV.

Representation

A representation letter is an important document that attorneys send to the person they plan to sue. It informs the other party that they have a representative who will speak on their behalf. It also allows the lawyer to request information and documents from the other party.

Many motor vehicle accident Law firm vehicle accident claims are based on negligence, a tort. Negligence can be defined as inability to exercise the level of care a prudent person would have employed in the same situation. Car accidents are often caused or contributed to by multiple factors. For example, a driver's carelessness could result in driving impaired by alcohol or drugs, speeding, or disregarding traffic signals. Distracted driving, such as using a cell phone while driving, or applying makeup, is a further aspect.

There are instances in which two victims in a car accident would like the same attorney to represent them. It is unethical for an attorney to represent both a driver and an injured person in a personal injuries claim. This is because each client has an interest conflict. This can be avoided by drafting separate agreements between each client. Alternately, each client can employ their own lawyer to start a lawsuit against the driver that caused the issue.