Motor Vehicle Powers of Attorney

Many parties are usually responsible for the accident. In these situations, motor vehicle accident a juror may award damages to the injured party in proportion to their percentage of negligence.

While DMV hearings aren't related to criminal court, a skilled NYC traffic attorney can make a significant difference in the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these hearings.

Power of Attorney

The power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can confer broad or limited powers and must be prepared according to the laws of the state. The document must be signed by the signer or notarized in front of a notary public or a witness. A motor vehicle accident lawyer vehicle power of attorney grants an agent the power to handle the responsibilities of a vehicle and could include the ability to sell a car for example. If you want to prepare an Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. You can also hire someone else to handle the task for you.

Third parties are sometimes unable to respect Powers of Attorney. It can be due to a number of reasons. In some instances the refusal causes harm to the Principal, and the third party could be held liable for damages.

To avoid this it is crucial to ensure that the Power of Attorney include language that states that the agent is not able to be the owner of any real property or other asset owned by the principal unless otherwise stated in the document. The document should also stipulate that the agent has to submit to an outside party a summary of all transactions as well as any other issues in which the agent acts on behalf of the principal.

DMV Hearings

If DMV or other agency makes a decision that is discretionary against your right to drive (such as suspension of your license for refusing to take an alcohol test) you are entitled to a hearing to challenge the decision. These hearings can be conducted in-person or over the phone, and usually held before a safety driver hearing officer from DMV. DMV will present all its evidence against the person, including witnesses it has subpoenaed at the hearing. Then, you get to provide evidence in support of your claim (documents or witnesses, or even your own testimony) and attack the DMV's argument in closing arguments and ask questions of the hearing officer.

Achieving an DMV hearing is largely contingent on the specifics of your case, however you are more likely to prevail by hiring an attorney. A lawyer can help determine whether there were any mistakes made by the police in your case during your arrest. For example they may not have advised you that you could lose your license if did not take a breath test.

Although you aren't legally required to have an attorney present at a DMV hearing, hiring a NYC DMV attorney can make the process much easier. A lawyer is well-versed in the laws surrounding these kinds of cases and will assist you in present your case as effectively as you possibly can. Additionally, they can help you avoid being unfairly penalized by the DMV.

Suspension of License

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

Based on the state in which you live there are a variety of reasons that your driver's permit could be suspended. In states that use points, for instance excessive accumulation of points could cause being suspended. Additionally the judge may also decide to have your license suspended if you are convicted of a traffic crime. In most cases, the court will allow you to drive on a restricted driving license during the suspension or revocation.

In some states, your license may be revoked if been convicted of specific crimes like DUIs or vehicular manslaughter. The license can be suspended if you are unable to pay back child support, or other civil debts. You could also lose your license if you suffer with a medical condition that can make driving a car unsafe.

Your New York lawyer will help you to determine the status of your license and the best to proceed. The lawyer will explain that in the majority of circumstances, you are entitled to an hearing before the DMV in the event of your license being suspended.

Representation

A representation letter is a crucial piece of paper that lawyers must send to the person they will be suing. This puts the other party in the loop that they now have a representative who will speak on their behalf, and it also allows the attorney to ask for information and documents from that party.

A lot of motor vehicle accident claims are caused by negligence, which is a tort. Negligence is defined as the lack of using the level of care that a reasonably prudent person would have employed in the same circumstances. Automobile accidents usually involve multiple factors that could cause or contribute to the accident. A driver's negligence could include driving under the influence of alcohol or drugs, speeding, or disregarding traffic signs. Distracted driving, such as using your cell phone while driving or applying makeup, is a separate factor.

In some cases two people who are injured in an accident in a vehicle want the same lawyer to represent them. It is unethical for an attorney to represent the driver and an individual in a personal injuries claim. This is because each client has a conflict of interests. This can be avoided by creating separate agreements for each client. Or, each person can hire his or her own lawyer to start a lawsuit against the driver that caused the issue.