Motor Vehicle Powers of Attorney

Multiple parties are often responsible for the accident. In these instances the jury may decide to distribute the award of damages to the injured party by determining their percentage of negligence.

Even though DMV hearings aren't associated with criminal court, a seasoned NYC traffic lawyer can make a significant impact on the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these hearings.

Power of Attorney

A power of attorney is a document that permits the person to authorise another to perform acts in his or her name. The document may confer broad or limited powers and must be drafted in accordance to state law. The document must be signed by the signer or notarized in front of a notary public or a witness. A motor vehicle power of attorney grants the agent authority to handle vehicle-related responsibilities and may include the power to sell a car, for example. You can create a Power of Attorney yourself if you contact your local Department of Motor Vehicles, or visit a free legal website like eForms.com or NYLawHelp. Alternately, you can hire someone else to handle the task for you.

Third parties sometimes refuse to honor Powers of Attorney. This could be due to a number of reasons. In some instances, the refusal causes harm to the Principal, and the third party could be held responsible for the damages.

To prevent this from happening it is essential that the Power of Attorney include language which states that the agent will not claim title to any real property or other asset that is owned by the principal unless explicitly stated in the document. The document should also stipulate that the agent must report to a third party the details of all transactions and other issues that they conduct on behalf of their principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as a license suspension for refusing to take a breath test) you can request have a hearing to challenge the decision. These hearings can be conducted in person or over the telephone, and are generally conducted in front of the DMV driver safety hearing officer. At the hearing, DMV begins by presenting all evidence it has against you including any witness testimony it has subpoenaed. Then, you get to provide evidence in support of your claim (documents or witnesses, or even your own testimony) challenge the case of DMV in closing arguments, and ask questions of the hearing officer.

You are more likely win an DMV hearing if you engage a lawyer. A lawyer can help determine if any mistakes were made by the police officers in your case during your arrest. For example they may not have told you that you would lose your license if refused to take a breath test.

While you are not legally required to hire a lawyer for the DMV hearing, hiring an NYC DMV attorney will make the process easier. A lawyer is well-versed in all the laws that apply to these cases and will help you present your case effectively. In addition, they can assist you in avoiding being unfairly penalized by the DMV.

License Suspension

If you are accused of certain violations of the law that are deemed to be illegal, the Department of motor vehicle accident lawsuit Vehicles may suspend your license and driving privileges. The suspension or cancellation of your license will normally remain in place until you've completed the required steps to get it back.

The state in which you reside there are a variety of reasons why your driver's license may be suspended. For instance states that have points, Motor Vehicle Accidents the accumulation of too many points could lead to the suspension of your license. In addition, a judge can also decide to have your license suspended if you are convicted of a traffic crime. In the majority of instances, the court will allow you to drive using a restricted driving permit during the period of your suspension or the revocation.

In some states, your license can be revoked if you have been convicted of specific crimes, such as DUIs or vehicular murder. Additionally your license could be suspended if you have not paid back child support or other civil debts. Your license could be suspended if you suffer from a medical issue that renders you unfit to operate an automobile.

Your New York lawyer will help you to determine the status of your license and the best to proceed. He or she will explain to you that in most instances, if your license has been suspended, then you are entitled to an appointment with the DMV.

Representation

A representation letter is an important document that attorneys send to the person they plan to sue. This puts the other party in the loop that they have a representative that will speak on their behalf and allows the attorney to ask for documents and information from the party.

Many motor vehicle accidents are caused by negligence, which is a tort. Negligence is defined by a inability to exercise the level of care expected from a person who is reasonably prudent under the same circumstances. Automobile accidents are often caused or influenced by multiple factors. A driver's fault could be driving under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic signs. Driving distracted, for motor Vehicle accidents example, using your mobile phone while driving, or applying makeup, is a separate factor.

In certain cases, two people injured in an accident in a vehicle want the same lawyer to represent them. However, it's ethically unwise for one attorney to represent both the driver and passengers in a personal injury lawsuit. Each client has a conflict. This can be avoided by creating separate agreements between the clients. Alternately, each client can employ their own lawyer to file a lawsuit against the driver that caused the issue.