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Motor Vehicle Powers of Attorney

Frequently, multiple parties share responsibility for an accident. In these instances the jury can distribute damages to the injured party by determining their percentage of negligence.

Although DMV hearings are not connected to criminal court, an experienced NYC traffic lawyer can make a significant 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 document that permits the person to authorise another to act in his or her name. The document may grant a broad or limited power and must be drafted in accordance with the law of the State. It must be notarized and signed in the presence of a notary or witness public. A motor vehicle power of attorney gives the agent the authority to manage the responsibilities of a vehicle and could include the ability to sell a vehicle, for example. If you're looking to create a Power of Attorney yourself, consider contacting your local Department of motor vehicle accident law firms Vehicles or using a free online legal website like eForms or NYLawHelp. Or, you could hire someone else to handle the task for motor vehicle accident attorneys you.

Third parties sometimes refuse to honor Powers of Attorney. This could be due to various reasons. In some cases, a refusal can cause harm to the principal. The third party could be held accountable for the damages.

To avoid this, the Power of Attorney should include words that state that the agent will not be the owner of any real estate or property owned by the principal, unless specifically stipulated in the document. The document should also stipulate that the agent must report to a third party the details of all transactions and other matters 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 for refusing to take an alcohol test) You can request have a hearing to challenge the decision. These hearings can be conducted in person or over the telephone, and are usually conducted in front of a DMV driver safety hearing officer. At the hearing, DMV will first present all of its evidence against you, including any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, such as documents, witnesses or your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing official.

Winning an DMV hearing is contingent upon the facts of your case, however you are more likely to win by hiring an attorney. A lawyer can assist you to determine if the police officers who were involved in your case made mistakes during your arrest, such as not indicating clearly that your license would be suspended if it was not possible to take an breath test.

While you're not legally required to use an attorney at a DMV hearing, hiring a NYC DMV attorney can make the process much easier. 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 you can. They can also assist you to avoid being unfairly penalized at the DMV.

License Suspension

If you are found guilty of specific violations of the law and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. Usually the suspension or revocation will stay in effect until you have completed all the steps required to get your license reinstated.

Based on the state in which you reside there are a variety of reasons why your driver's license may be suspended. For instance, in states that use points system, the accumulation of too many points can lead to an automatic suspension of your license. A judge can also suspend your license for traffic violations. In the majority of instances, 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 revoked for certain crimes such as DUIs and vehicular manslaughter. In addition, your license can be suspended if you have not paid back child support or other civil debts. Your license can also be revoked if you suffer from a medical condition that makes it unsafe to operate a vehicle.

Your New York lawyer will help you determine the state of your license, and how best to proceed. They will explain that in most instances, you are entitled to an interview with the DMV in the event that your license is being suspended.

Representation

A representation letter is a crucial piece of paper that lawyers must send to the party they will be suing. This puts the other party on notice that they now have a representative who will represent them and also permits the lawyer to request documents and other information from that party.

A lot of motor vehicle accident attorneys vehicle accident claims are due to negligence, which is a tort. Negligence can be defined as lack of using the level of care that a reasonably prudent person would have used in the same situation. Car accidents are often caused or contributed to 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 signs. Distracted driving, such as using a cell phone while driving, or applying makeup, is another reason.

In certain cases two people who are injured in an accident with a vehicle need the same lawyer to represent them. However, it is ethically improper for one attorney to represent both a passenger and a driver in a personal injury case. Each client is in conflict. This can be avoided by making distinct agreements between each client. Alternately, the passengers can hire their own lawyers to file a lawsuit against the driver.