Motor Vehicle Powers of Attorney

In many cases there are multiple parties who share the blame for an accident. In these instances the jury may decide to distribute damages to the injured party by determining their percentage of negligence.

Although DMV hearings do not have to be related to criminal court, a skilled NYC traffic attorney will make a major impact on the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that allows the person to authorise another to perform actions in his or her name. The document may confer broad or limited powers and must be drafted in accordance to state law. It must also be notarized and signed in the presence of a witness or notary public. A motor vehicle power of attorney gives the agent authority to handle the responsibilities of a vehicle and could include the power to sell a car for example. You can draft a Power of Attorney yourself by contacting your local Department of Motor Vehicles, or use a free legal website such as eForms.com or NYLawHelp. Or, you could ask someone else to do the task for you.

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

To avoid this, it is important to ensure that the Power of Attorney include language which states that the agent will not be the owner of any real property or other asset owned by the principal, unless otherwise specifically stated in the document. The document should also stipulate that the agent is required to give a third-party the details of any transactions or other matters that they handle on behalf of their principal.

DMV Hearings

If DMV decides to take a discretionary action against your driving privilege (such as a license suspension for refusing to take an alcohol test), you can request an appeal hearing to contest the decision. Hearings can be held in person or by telephone, and usually conducted by an DMV driver safety hearing officer. In the hearing, Motor vehicle accidents DMV starts by presenting all of its evidence against you and any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, including documents, witnesses or your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing official.

Achieving a DMV hearing is largely contingent on the circumstances of your case, but you are more likely to win if you hire an attorney. An attorney can assist in determining the extent of any errors made by the officers in your case during your arrest. For instance, they may not have advised you that you would lose your license if did not take a breath test.

Although you are not required to have an attorney at an DMV hearing however, hiring a NYC DMV lawyer can make the process more efficient. A lawyer will be well-versed in the laws surrounding these kinds of cases and will help you present your case as efficiently as is possible. Additionally, they will help to prevent you from being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of certain criminal or traffic violations and are found guilty, the Department of motor vehicle accident law firms Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation will remain in effect until you have completed all steps necessary to obtain your license back.

Depending on the state in which you live, there are many different reasons that your driver's permit can be suspended. For instance in states that employ points system, the accumulation of too many points could result in a license suspension. Additionally an judge could also decide to have your license suspended in the event of a traffic violation. In the majority of instances the court will let you drive with an restricted driving permit during the suspension or the revocation.

In some states your license could be revoked for certain crimes such as DUIs and vehicular manslaughter. Additionally your license could be suspended if you have not paid back child support or other civil debts. Your license can 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 to determine the status of your license and Motor vehicle accidents the best to proceed. The lawyer will explain to you that in most cases, if your license has been suspended, then you are entitled to an appointment with the DMV.

Representation

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

A large number of motor vehicle accidents are founded on the tort theory of negligence. Negligence is defined as the failure to exercise the degree of care expected from someone who is prudent in the same circumstances. Automobile accidents usually involve multiple elements that could lead to or contribute to the incident. For instance, a driver's carelessness could result in driving while impaired by alcohol or drugs, speeding, or not paying attention to traffic signals. Driving distracted, like using your cellular phone while driving, or applying makeup, is another reason.

There are situations in which two people who have been injured in a car accident want the same attorney to represent them. But, it is ethically improper for one attorney to represent both a passenger and a driver in a personal injury claim. Each client is in conflict. This is avoided by drafting separate agreements for each client. Alternately, the passengers can hire their own lawyers to file a lawsuit against the driver.