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Motor Vehicle Powers of Attorney

In most cases it is the case that multiple parties share responsibility for an accident. In such cases the jury could distribute the award of damages to the injured party according to their percentage of negligence.

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

Power of Attorney

A power of attorney is a legal document that allows a person to authorize another to perform actions in his or her name. The document can grant broad or limited powers and must be drafted in accordance with state law. The document must be signed or notarized by a notary or witness. A motor vehicle accident lawyers 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 instance. If you're planning to draft a Power of Attorney yourself take a look at contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. Or, you could ask someone else to do the task for you.

Third parties may refuse to accept Powers Of Attorney. It can be due to various reasons. In some instances, the refusal causes harm to the Principal and the third party could be held responsible for the damages.

To avoid this it is crucial to ensure that the Power of Attorney include language indicating that the agent cannot take title to any real estate or other property owned by the principal, unless explicitly stated in the document. The document should also state that the agent must report to a third party the details of every transaction and other matter that they handle on behalf of their principal.

DMV Hearings

If DMV or other agency makes a decision that is discretionary against your driving privilege (such as license suspension due to refusing to take breath tests), you have the right to be heard to challenge the decision. Hearings can be held in person or over the phone, and are usually held before a safety driver hearing officer from DMV. DMV will present all its evidence against the person, including witnesses it has subpoenaed, during the hearing. Then, you get to present affirmative evidence (documents or witnesses, or your own testimony) and attack the DMV's argument in closing arguments and ask questions to the hearing officer.

Achieving an DMV hearing is largely contingent on the facts of your case, but you are more likely to win if you hire an attorney. A lawyer can help to determine if the officers who were involved in your case made any mistakes during your arrest, for instance, not clearly informing you that your license will be suspended if you did not take a breath test.

Although you aren't legally required to have an attorney at a DMV hearing however, hiring a NYC DMV lawyer can make the process more efficient. An attorney is knowledgeable about all the laws applicable to these kinds of cases and can help you make your case convincingly. Additionally, they will help you avoid being unfairly penalized by the DMV.

Suspension of License

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

Depending on the state where you live there are a variety of reasons that your driver's permit may be suspended. For instance, in states that use points, the accumulation of too many points may lead to the suspension of your license. Additionally to that, a judge may require your license to be suspended if you are convicted of a traffic crime. In the majority of cases, the court will allow you to drive with a restricted driving permit during your suspension or the revocation.

In some states your license may be suspended in certain cases, such as DUIs and vehicular manslaughter. In addition your license may be suspended for failure to pay back child support or other civil debts. It is also possible to lose your license if you are suffering with a medical condition that makes driving a car unsafe.

Your New York lawyer can help you determine the status of your license and the best method to take. They will explain to you that in most cases, if you're license has been suspended, then you are entitled to an appointment with the DMV.

Representation

A representation letter is a crucial piece of paper that a lawyer delivers 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 information and documents from the other party.

Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence can be defined as a failure to exercise the level of care expected from a person who is reasonably prudent under similar circumstances. Accidents involving cars are usually caused or contributed to by multiple factors. For instance, a driver's carelessness could result in driving impaired by alcohol or drugs, or speeding or disregarding traffic signals. Other causes include driving distracted, such as using a mobile phone or trying to apply makeup while driving.

In some cases there are instances where two victims of an accident with a vehicle need the same lawyer to represent them. But, it is ethically wrong for a single attorney to represent both the passenger and driver in a personal injury claim. This is because each client has a conflict of interests. This can be avoided by drafting separate agreements between the clients. Or, they can hire their own lawyers to file a suit against the driver.