Motor Vehicle Powers of Attorney

Multiple parties are often responsible for the accident. In such situations the jury may decide to distribute the award of damages to the victim by determining their percentage of negligence.

Although DMV hearings are not a part of criminal court, an experienced NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can grant a broad or limited range of powers and must be drafted according to State law. The document must be signed or notarized in front of a notary public or witness. A motor vehicle accident vehicle power of attorney grants the agent the authority to perform duties related to vehicles, which may include selling a car. You can create the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or visit a free legal website like eForms.com or NYLawHelp. You could also ask someone to do it.

Third parties sometimes refuse to accept Powers of Attorney. It could be because of many reasons. In some instances, the refusal causes harm to the Principal and the third party could be held accountable for the damages.

To prevent this from happening to avoid this, it is essential to ensure that the Power of Attorney include language informing the agent that he or she cannot have title to any real estate or other property owned by the principal unless otherwise specifically stated in the document. The document should also provide that the agent must report to an outsider a summary of all transactions and other circumstances in which they act on behalf of the principal.

DMV Hearings

If DMV has a discretionary decision against your driving privilege (such as a license suspension for refusing to take an alcohol test) you are entitled to be heard to challenge the decision. These hearings can be conducted in person or via the telephone, and Motor Vehicle Accident are usually held in front of an DMV driver safety hearing officer. DMV provides all evidence against the person, including any witnesses it has subpoenaed, during the hearing. Then you're able to provide evidence in support of your claim (documents, witnesses or your own testimony) and attack the DMV's argument in closing arguments and ask questions of the hearing officer.

You are more likely to prevail at the DMV hearing if you employ a lawyer. A lawyer can help determine if any mistakes were made by the officers during your arrest. For instance they may not have advised you that you would lose your license if you declined a breath sample.

While you aren't legally required to have an attorney at a DMV hearing under the law having a NYC DMV lawyer can make the process easier. An attorney is knowledgeable about all the laws that apply to these cases and will help you effectively present your case. Additionally, they can assist you in avoiding being unfairly penalized by the DMV.

License Suspension

The Department of Motor Vehicles can suspend your driving privileges and license in the event that you are accused of certain traffic offenses or legal violations. Typically, the suspension or revocation remains in effect until you've completed all necessary steps to obtain your license reinstated.

Based on the state in which you reside, there are many different reasons your driver's licence could be suspended. In states that use points, for example, accumulating too many can cause a suspension. A judge can also take away your license due to an offense in traffic. In the majority of instances the court will let you to drive on a restricted driving permit during your suspension or the revocation.

In some states your license may be suspended for certain crimes, including 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 can be revoked in the event that you suffer from a medical issue that renders you unfit to operate a vehicle.

Your New York lawyer will help you determine the condition of your license, and how best to proceed. The lawyer will explain to you that in the majority of cases, if your license has been suspended, then you have the right to an appointment with the DMV.

Representation

A representation letter is an important document that an attorney sends to the person they plan to sue. This puts the other party in the loop that they now have a representative who will represent them, and it also allows the lawyer to request documents and other information from that party.

Many motor vehicle accident claims are caused by negligence, which is which is a tort. Negligence can be defined as failure to use the degree of care that a reasonably prudent person would have used in the same situation. Car accidents are often caused or influenced through a variety factors. The negligence of a driver could be driving while under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic warnings. Other causes include driving distracted, like using a cell phone or trying to put on makeup while driving.

In certain cases, two people injured in an accident in a vehicle want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as the other person in a personal injuries claim. Each client has a conflict. This can be avoided by creating distinct agreements between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.