Motor Vehicle Powers of Attorney

Multiple parties are often responsible for an accident. In such cases the jury could distribute damages to the injured party in proportion to their share of negligence.

Although DMV hearings do not require criminal courts, a seasoned NYC traffic lawyer can make a big difference in the outcome. 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 perform actions on his or her behalf. The document may grant a broad or limited power and must be drafted in accordance with State law. It must also be signed and/or notarized the presence of a witness or a notary public. A motor vehicle accident attorney vehicle power-of-attorney grants the agent the power to perform responsibilities related to vehicles, which may include selling a vehicle. If you're planning to draft an Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a free legal website like eForms or NYLawHelp. Alternatively, you can request someone else to complete the task for you.

Third parties are sometimes unable to respect Powers of Attorney. This can be for different reasons. In some cases the refusal causes harm to the Principal and the third party may be held liable for Motor Vehicle Accidents those damages.

To prevent this from happening, to avoid this, the Power of Attorney should include provisions that say that the agent will not be the owner of any property or real estate owned by the principal, unless explicitly specified in the document. The document should also specify that the agent must submit to a third party an overview of any transactions or other matters in which they act on behalf of their principal.

DMV Hearings

You have the right to an appeal hearing in the event that DMV orders discretionary action against you (such as an eviction of your license for refusing breathalyzer tests). Hearings are held in person or via the phone, and are typically held in front of an DMV driver safety hearing officer. DMV provides all evidence against the person, including witnesses it has subpoenaed, at the hearing. Then, you get 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 of the hearing officer.

You are more likely to prevail at the DMV hearing if you employ an attorney. A lawyer can assist you to determine if the officers who were involved in your case committed mistakes during your arrest, like not letting you know that your driver's license could be suspended if you refused to take the breath test.

While you're not legally required to have a lawyer for the DMV hearing, motor vehicle accidents hiring an NYC DMV attorney can make the process much easier. An attorney will be knowledgeable in the laws that govern these kinds of cases, and will help you present your case as effectively 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 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 suspension of your license is normally remain in place until you've completed all the necessary steps to get it back.

Based on the state in which you reside, there are many different reasons that your driver's permit could be suspended. For instance, in states that use a point system, accumulation of too many points can result in a license suspension. In addition, a judge can also require your license to be suspended for a traffic conviction. In most instances, a judge will permit you to drive with a restricted driving permit during the period of suspension or cancellation.

In certain states, your license can be revoked in certain cases, such as DUIs and vehicular manslaughter. In addition, your license can be revoked if you fail to pay back child support or other civil debts. Your license could also be revoked if suffer from a medical issue that makes it unsafe for you to operate an automobile.

Your New York lawyer will help you determine the state of your license and determine the best to proceed. They will explain to you that in most instances, if your license has been suspended, you have the right to an hearing at the DMV.

Representation

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

A large number of motor vehicle accidents are based on the tort concept of negligence. Negligence is defined as the inability to exercise the level of care that a prudent person would have applied in similar circumstances. Automobile accidents are often caused or contributed to through a variety factors. A driver's negligence may include driving under the influence of drugs or alcohol, speeding, or disregarding traffic warnings. Other factors include distracted driving like using a cell phone or attempting to apply makeup while driving.

There are situations in which two people who have been injured in a car accident would like the same lawyer to represent them. It is unethical for an attorney to represent both a driver and a passenger in a personal injury case. This is because each client has a conflict of interest. This can be avoided by drafting distinct agreements between each client. Or, each person can hire his or her own lawyer to bring a lawsuit against the adverse driver.