Motor Vehicle Powers of Attorney

Often there are multiple parties who share the blame for an accident. In these instances the jury can distribute the award of damages to the victim according to their percentage of negligence.

Although DMV hearings are not related to criminal court, a skilled NYC traffic attorney can make a substantial impact on the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.

Power of Attorney

The power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may grant a broad or limited set of powers and must be prepared in accordance with the law of the State. The document must be signed by the signer or notarized before a notary public or a witness. A motor vehicle accident lawsuits vehicle power of attorney grants the agent the authority to take care of auto-related duties and may include the ability to sell a car, for instance. If you want to prepare the Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free legal website like eForms or NYLawHelp. You can also ask a friend to prepare it.

Third parties sometimes refuse to respect Powers of Attorney. This could be due to a variety of reasons. In some instances the refusal causes harm to the Principal and the third party may be held liable for damages.

To avoid this, to prevent this from happening, the Power of Attorney should include provisions that say that the agent is not able to take title to any property or real estate owned by the principal, unless explicitly specified in the document. The document should also stipulate that the agent is required to provide a third party with the details of all transactions and other matters that they conduct 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 breath tests) You have the right to have a hearing to challenge the decision. These hearings can take place in person or by telephone, and are generally conducted in front of a DMV driver safety hearing officer. The hearing is conducted by DMV starts by presenting all evidence it has against you including any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, motor vehicle accidents including documents, witnesses or even your testimony. You may also present closing arguments to smear DMV and ask questions to the hearing officer.

You are more likely win the DMV hearing if you engage a lawyer. A lawyer can help to determine if the police officers involved in your case committed any mistakes during your arrest, for instance, not clearly advising you that your license could be suspended if you did not take an breath test.

While you're not legally required to employ a lawyer for a DMV hearing, hiring a NYC DMV attorney can make the process much easier. An attorney is well-versed in the laws surrounding these kinds of cases, and will help you present your case as efficiently as is possible. In addition, they can help to prevent you from being unfairly penalized by the DMV.

Suspension of License

The Department of motor vehicle accident attorney Vehicles can suspend your driving privileges and license if you are found guilty of certain traffic offenses or legal violations. Typically, the suspension or revocation will stay in effect until you have completed all necessary steps to obtain your license back.

Your driver's license can be suspended for various reasons, based upon where you live. For instance, in states that use a point system, accumulation of too many points could lead to the suspension of your license. A judge can also take away your license for an offense in traffic. In most cases, the court will allow you to drive with a restricted driving license during the suspension or revocation.

In certain states, your license could be suspended if you've been found guilty of certain crimes, such as DUIs or vehicular manslaughter. Your license may also be revoked when you are unable to pay back child support or other civil debts. It is also possible to lose your license if suffer from a medical condition which makes driving a car unsafe.

Your New York lawyer can help you determine the status of license and the best method to take. They will explain that in many cases, you're entitled to an appearance before the DMV in the event of your license being suspended.

Representation

A representation letter is a very important document that an attorney sends to the person they plan to sue. It informs the other party that they have a representative who will speak on their behalf. It also allows the lawyer to request information and documents from the other party.

A large number of motor vehicle accidents are based on the tort concept of negligence. Negligence is defined by a failure to exercise the level of care expected from someone who is reasonably prudent in the same circumstances. Automobile accidents often involve multiple factors that could cause or contribute to the incident. For example, a driver's negligence may include driving when impaired by alcohol or drugs, speeding up or disregarding traffic signals. Other reasons include distracted driving such as using a cellular phone or attempting to apply makeup while driving.

There are instances where two people who are injured in a car accident 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 injury lawsuit. Each client has a conflict. This can be avoided by drafting separate agreements between each client. Alternately, the passengers can hire their own lawyers to file a lawsuit against the driver.