Motor Vehicle Powers of Attorney

There are many parties that are responsible for an accident. In these situations the jury may award damages to the injured party depending on their percentage of negligence.

Even though DMV hearings aren't connected to criminal court, an experienced NYC traffic attorney will make a major impact on the outcome of your case. Gannes & Musico, LLP has years of experience representing clients in these hearings.

Power of Attorney

A power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document may grant a broad or limited scope of powers and must be prepared according to the laws of the state. It must also be signed and notarized in the presence of a witness or a notary public. A motor vehicle accident vehicle power of attorney gives the agent the authority to manage auto-related duties and may include the ability to sell a car, for instance. You can draft an Power of Attorney on your own by contacting your local Department of Motor Vehicles, or you can use a legal site like eForms.com or NYLawHelp. You can also request someone to help you prepare it.

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

To avoid this, the Power of Attorney should include language that states that the agent cannot claim title to any real estate or property owned by the principal without being explicitly specified in the document. The document should also state that the agent is required to provide a third party with a summary on all transactions and other issues that they handle on behalf of their principal.

DMV Hearings

If DMV decides to take a discretionary action against your right to drive (such as license suspension for refusing to take the breath test) you can request be heard to challenge the decision. Hearings are held in person or over the telephone, and are generally conducted in front of the DMV driver safety hearing officer. The hearing is conducted by DMV will first present all evidence it has against you including any testimony of witnesses it has subpoenaed. You then have the option of presenting affirmative evidence, including witnesses, documents or your testimony. You can also make closing arguments to smear DMV and ask questions to the hearing officer.

Winning the DMV hearing depends largely on the specifics of your case, however you are more likely to win by hiring an attorney. A lawyer can help to determine if the officers involved in your case committed any errors during your arrest, for instance, not letting you know that your driver's license could be suspended if you did not take an alcohol test.

Although you aren't legally required to employ an attorney at an DMV hearing, hiring an NYC DMV attorney can make the process simpler. An attorney is knowledgeable about all the laws that apply to these kinds of cases and can help you present your case in a professional manner. In addition, they can help you avoid being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of certain violations of the law that are deemed to be illegal, the Department of motor vehicle accident Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation remains in effect until you complete all necessary steps to obtain your license back.

Depending on the state where you reside, there are many different reasons that your driver's permit may be suspended. In states that require points, for instance having too many points could result in being suspended. In addition the judge may also require your license to be suspended for a traffic conviction. In most cases, a court will allow you to drive using a restricted driving license during the period of suspension or suspension or Motor Vehicle accident revocation.

In certain states, your driver's license can be suspended if you've been convicted of certain crimes, such as DUIs or vehicular murder. The license can be revoked if do not pay back child support or other civil debts. You may also lose your license if you are suffering from a medical condition which renders driving a car dangerous.

Your New York lawyer will help you to determine the status of your license and the best to proceed. He or Motor Vehicle Accident she will explain that in the majority of instances, you are entitled to an hearing before the DMV if your license is being suspended.

Representation

A representation letter is a very 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 also allows the lawyer to request documents and information from the party.

Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence can be defined as lack of using the level of care that a reasonably prudent person would have applied in the same circumstances. Accidents in the automobile are usually caused or influenced by a variety of factors. A driver's negligence could include driving while under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic signs. Other reasons include distracted driving like using a cell 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. However, it is ethically unwise for one attorney to represent both the passenger and a driver in a personal injury claim. Each client is in conflict. This can be avoided by making separate agreements for each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.