motor vehicle accidents Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these cases jurors can award damages to the injured party depending on their percentage of negligence.

While DMV hearings aren't criminal court-related, an experienced NYC traffic lawyer can make a significant difference in the outcome of your case. Gannes & Musico LLP has years of experience representing clients at these hearings.

Power of Attorney

Power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document may grant broad or limited powers and must be drafted in accordance with state law. The document must be signed by the signer or notarized by a notary or witness. A motor vehicle power of attorney grants the agent the authority to manage auto-related duties and may include the ability to sell a vehicle, motor vehicle accidents for example. You can draft the Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or use a free legal site like eForms.com or NYLawHelp. You could also ask someone to assist you.

Third parties sometimes refuse to honor Powers of Attorney. This can be due to several reasons. In some cases refusals can cause harm to the Principal. The third party could be held accountable for damages.

To avoid this, to prevent this from happening, the Power of Attorney should include provisions that say that the agent is not able to be the owner of any real estate or property owned by the principal unless explicitly stipulated in the document. The document should also specify that the agent submits to an outsider a summary of all transactions, as well as any other issues in which he or she acts on behalf of the principal.

DMV Hearings

If DMV orders a discretionary action against your right to drive (such as suspension of your license for refusing to take a breath test), you have the right to an appeal hearing to contest the decision. These hearings can be conducted in person or via the telephone, and are generally held in front of a DMV driver safety hearing officer. DMV presents all its evidence against the person, including witnesses it has subpoenaed during the hearing. Then, you get to present evidence of affirmative nature (documents and witnesses, or your own testimony), attack DMV's case in closing arguments, and ask questions to the hearing officer.

Winning the DMV hearing is largely contingent on the facts of your case, but you are more likely to prevail when you have an attorney. A lawyer can help you to determine if the officers who were involved in your case made any mistakes during the arrest, for instance, not letting you know that your license could be suspended if you refused to take a breath test.

Although you aren't legally required to employ an attorney at a DMV hearing, hiring an NYC DMV attorney can make the process simpler. A lawyer will be well-versed in the laws surrounding these kinds of cases, and can help you to present your case as effectively as possible. They can also help you avoid being unfairly penalized by the DMV.

License Suspension

The Department of Motor Vehicles can suspend your driving privileges and license if you are accused of certain traffic offenses or legal violations. The suspension or revocation of your license will usually remain in place until you have completed all the required steps to get it back.

Your driver's license could be suspended for many reasons, based on where you live. In states that rely on points, for instance excessive accumulation of points could result in the suspension. Additionally, a judge can also ordain your license to be suspended if you are convicted of a traffic crime. In most instances, courts will permit you to drive using a restricted driving license during the period of your suspension or revocation.

In some states, your driver's license can be suspended if you've been found guilty of certain crimes, such as DUIs or vehicular manslaughter. Your license can also be revoked if you don't pay child support, or any other civil debts. Your license could be revoked in the event that you suffer from a medical issue that renders you unfit to operate a vehicle.

Your New York lawyer can help you determine the validity of your license and the best way to proceed. The lawyer will explain to you that in most cases, if you're license was suspended, you are entitled to an hearing at the DMV.

Representation

A representation letter is a crucial piece of paper that lawyers must send to the party they will be suing. It informs the other party that they have a representative who will represent them. It also allows the lawyer to request documents and information from the other party.

Many motor vehicle accidents are due to negligence, a tort. Negligence is defined as a failure to use the degree of care a prudent person would use under similar circumstances. Accidents involving cars are usually caused or contributed to by multiple factors. A driver's negligence may include driving while under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic signs. Distracted driving, like using a cell phone while driving, or applying makeup is a different aspect.

There are some instances in which two people who are injured in a car accident need the same lawyer to represent them. However, it's morally wrong for a single lawyer to represent both a passenger and driver in a personal injury case. This is because each client has a conflict of interest. This can be avoided by making distinct agreements between each client. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.