Motor Vehicle Powers of Attorney

In many cases there are multiple parties who share the blame for an accident. In such cases, a jury may apportion the damages awarded to the injured party based on their percentage of negligence.

Although DMV hearings are not connected to criminal court, an experienced NYC traffic lawyer can make a significant impact on the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients at these hearings.

Power of Attorney

A power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to act on their behalf. The document can confer broad or limited powers, and must be prepared in accordance to state law. The document must be signed or notarized by a notary or witness. A motor vehicle accidents vehicle power of attorney grants the agent the authority to perform duties related to vehicles that may include selling a car. You can prepare the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or visit a free legal website like eForms.com or NYLawHelp. You can also ask a friend to help you prepare it.

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

To prevent this from happening it is crucial that the Power of Attorney include language which states that the agent will not take title to any real property or other asset owned by the principal unless otherwise stated in the document. The document should also state that the agent must report to an outside party a detailed report of all transactions as well as any other instances where they are acting on behalf of the principal.

DMV Hearings

You have the right to an appeal hearing when DMV decides to take a discretionary action against you (such as an eviction of your license for refusing the breathalyzer test). Hearings are held in person or over the phone, and are typically held in front of a driver safety hearing officer from DMV. In the hearing, DMV will first present all of its evidence against you including any testimony of witnesses it has subpoenaed. Then it's your turn to provide evidence in support of your claim (documents and witnesses, or your own testimony), attack DMV's case in closing arguments and ask questions of the hearing officer.

Winning a DMV hearing is contingent upon the specifics of your case, but you are more likely to prevail if you hire an attorney. An attorney can assist you to determine if the police officers who were involved in your case made any errors during your arrest, like not clearly advising you that your driver's license could be suspended if it was not possible to take the breath test.

While you aren't required to bring an attorney present at a DMV hearing, hiring a NYC DMV lawyer can make the process easier. A lawyer is well-versed in the laws that govern these types of cases, and can help you to present your case as efficiently as possible. They can also assist you to avoid being unfairly penalized by the DMV.

License Suspension

If you are found guilty of a specific criminal or traffic violations that are deemed to be illegal, the Department of motor vehicle accident Law firm Vehicles may suspend your license and driving privileges. The suspension or motor vehicle Accident law Firm the revocation of your license will typically remain in effect until you have completed all the necessary steps to get it back.

Your driver's license could be suspended due to a variety of reasons, based on the state in which you reside. For instance, in states that use a point system, accumulation of too many points can lead to the suspension of your license. In addition, a judge can also decide to have your license suspended for a traffic offense. In most instances, the court will allow you to drive with restricted driving permits during your suspension or revocation.

In certain states, your license may be revoked if been convicted of certain crimes, such as DUIs or vehicular manslaughter. Additionally the license could be suspended if you have not paid back child support or other civil debts. The license may also be revoked if you suffer from a medical condition which makes it unsafe to operate in a vehicle.

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

Representation

A representation letter is a very important document that an attorney must send to the person he plans to sue. This puts the other party in the loop that they now have a representative who will represent them and also permits the attorney to ask for information and documents from that party.

Many motor vehicle accident cases are built on the tort principle of negligence. Negligence is defined as the inability to exercise the level of care a prudent person would have applied in the same circumstances. Accidents involving cars are usually caused or contributed to through a variety factors. For instance, driver's carelessness could result in driving when impaired by alcohol or drugs, speeding or not paying attention to traffic signals. Other reasons include distracted driving like using a cell phone or trying to put on makeup while driving.

In certain instances when two people are injured in an accident in a vehicle want the same lawyer to represent them. It is not ethical for an attorney to represent both a driver and an injured person in a personal injury case. Each client has a conflict. This can be overcome by creating a separate contract between each client. Alternately, each client can employ their own lawyer to start a lawsuit against the driver who was at fault.