Motor Vehicle Powers of Attorney

A number of parties are often at fault for the accident. In such cases the jury may decide to distribute the award of damages to the victim by determining their percentage of negligence.

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

Power of Attorney

The power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document may grant a broad or limited range of powers and must be prepared according to State law. The document must be signed or notarized in front of a notary public or witness. A motor vehicle accident; Suggested Website, vehicle power of attorney gives the agent the authority to take care of the responsibilities of a vehicle and could include the ability to sell a car, for example. If you're planning to draft an Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. You can also request someone to do it.

Third parties might not comply with Powers Of Attorney. This can be for many reasons. In some cases, the refusal causes harm to the Principal, and the third party could be held responsible for the damages.

To avoid this it is crucial to ensure that the Power of Attorney include language indicating that the agent cannot claim title to any real property or other asset owned by the principal, unless specified otherwise in the document. The document should also stipulate that the agent is required to report to a third party an overview of all transactions and other issues that they conduct on behalf of their principal.

DMV Hearings

If DMV has a discretionary decision against your right to drive (such as a license suspension for refusing to take an alcohol test) you can request a hearing to challenge the decision. Hearings can be held in person or via the telephone, and are usually conducted by the DMV driver safety hearing officer. DMV presents all its evidence against the person, including any witnesses it has subpoenaed at the hearing. You then have the option of presenting affirmative evidence, including witnesses, documents or your testimony. You may also present closing arguments to smear DMV and ask questions to the judge.

Winning the DMV hearing depends largely on the facts of your case, however you are more likely to prevail when you have an attorney. An attorney can assist you to determine if the officers involved in your case made any errors during your arrest, for instance, not letting you know that your license will be suspended if you did not take the breath test.

While you aren't legally required to have an attorney at the time of a DMV hearing by law, hiring a NYC DMV lawyer can help make the process simpler. An attorney is well-versed with the laws applicable to these kinds of cases and can assist you to present your case as efficiently as you possibly can. In addition, they can assist you in avoiding being unfairly penalized by the DMV.

License Suspension

If you are found guilty of specific criminal or traffic offenses or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. Usually the suspension or revocation will remain in effect until you have completed all required steps to get your license back.

Depending on the state in which you reside there are a variety of reasons that your driver's license can be suspended. In states that require points, for example the accumulation of too many points can result in being suspended. A judge may also revoke your license if there is violations of traffic law. In most cases, a court will allow you to drive with a limited driving license during the period of suspension or revocation.

In some states your license could be revoked for certain crimes such as DUIs and vehicular manslaughter. In addition your license could be revoked for not paying back child support or other civil debts. You could also lose your license if you are suffering from a medical condition which renders driving a car dangerous.

Your New York lawyer can help you determine the status of your license and the best method to take. They will explain that in most instances, you are entitled to an hearing before the DMV if your license is suspended.

Representation

A representation letter is a crucial piece of paper that lawyers must send to the person they will be suing. The letter 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 accidents are result of negligence, which is a tort. Negligence can be defined as inability to exercise the level of care a prudent person would use in similar circumstances. Automobile accidents are often caused or contributed to by multiple factors. For instance, driver's negligence may include driving when impaired by alcohol or drugs, Motor Vehicle Accident speeding up or disregarding traffic signals. Distracted driving, like using your cell phone while driving or applying makeup, is another aspect.

There are instances where two people who are injured in a car accident would like the same attorney to represent them. It is unethical for an attorney to represent the driver and a passenger in a personal injury claim. This is due to each client having a conflict of interest. This can be overcome by creating a separate contract between each client. In addition, each passenger could hire his or her own lawyer to make a claim against the adverse driver.