Motor Vehicle Powers of Attorney

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

Although DMV hearings are not a part of criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has a wealth of experience in representing clients at 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 wide or limited power and must be prepared in accordance with State law. The document must be signed or notarized before a notary public or a witness. A motor vehicle power of attorney grants the agent the authority to take care of car-related obligations and could also include the ability to sell a vehicle, for example. You can make the Power of Attorney yourself if you contact your local Department of Motor vehicle accident Attorneys Vehicles, or you can use a legal site like eForms.com or NYLawHelp. You can also ask someone to help you prepare it.

Third parties can refuse to comply with Powers of Attorney. It could be because of a number of reasons. In some cases, the refusal causes harm to the Principal and the third party can be held liable for those damages.

To prevent this from happening, the Power of Attorney should include words that state that the agent can't claim title to any real estate or property owned by the principal, unless specifically stipulated in the document. The document should also provide that the agent has to submit to an outside party a detailed report of all transactions as well as any other matters in which the agent acts on behalf of the principal.

DMV Hearings

You have the right to appeal a decision If DMV makes a decision that is discretionary against you (such as a license suspension for refusing the breathalyzer test). Hearings are held in person or over the telephone, and are usually conducted by a driver safety hearing officer from DMV. In the hearing, DMV begins by presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. You are then able to present your own evidence, including witnesses, documents or your testimony. You may also present closing arguments to smear DMV and ask questions to the hearing official.

Achieving a DMV hearing is contingent upon the circumstances of your case, however you are more likely to win by hiring 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 could be suspended if you refused to take a breath test.

While you aren't required to bring an attorney at the time of a DMV hearing under the law however, hiring a NYC DMV lawyer will make the process much easier. A lawyer is well-versed in all the laws applicable to these cases and can help present your case effectively. They can also assist you to avoid being unfairly penalized at the DMV.

Suspension of License

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. Typically the suspension or revocation remains in effect until you complete all required steps to get your license back.

Your driver's license may be suspended for various reasons, based upon where you live. In states that rely on points, for example excessive accumulation of points could cause a suspension. Additionally the judge may also require your license to be suspended for a traffic offense. In most cases the court will let you to drive under an restricted driving permit during the suspension or revocation.

In certain states, your license may be revoked if been convicted of certain crimes, such as DUIs or vehicular manslaughter. In addition, your license can be revoked if you fail to pay back child support or other civil debts. You could also lose your license if are suffering with a medical condition that can make driving a car unsafe.

Your New York lawyer can help you determine the validity of your license and the best method to take. He or she will explain to you that in the majority of instances, if your license was suspended, you have the right to an hearing at the DMV.

Representation

A representation letter is an important piece of paper that lawyers send to the person they will be suing. This puts the other party in the loop that they have a representative that will speak on their behalf and also allows the lawyer to request documents and information from the party.

Many motor vehicle accident cases are based on the tort concept of negligence. Negligence can be defined as a inability to exercise the standard of care expected of someone who is prudent in similar circumstances. Car accidents typically involve a variety of elements that could lead to or contribute to the incident. A driver's negligence may include driving under the influence of drugs or alcohol speeding, or not paying attention to traffic signs. Other reasons include distracted driving such as using a mobile phone or attempting to put on makeup while driving.

There are situations where two people who have been injured in a car accident would like the same attorney to represent them. But, it is morally wrong for a single lawyer to represent both the driver and passengers in a personal injury claim. This is due to each client having conflicts of interest. This can be overcome by creating a separate agreement between each client. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.