Motor Vehicle Powers of Attorney

Frequently, multiple parties share responsibility for an accident. In these situations, a jury could award damages to the injured party according to their percentage of negligence.

Although DMV hearings do not have to be criminal court-related, an experienced NYC traffic attorney can make a significant difference in the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients in these hearings.

Power of Attorney

The power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a broad or limited scope of powers and must be prepared in accordance with the law of the State. The document must be signed or notarized by a notary or witness. A motor vehicle accident lawsuit vehicle power of attorney grants an agent the power to handle car-related obligations and could also include the ability to sell a car, for instance. You can prepare an Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. You can also ask a friend to help you prepare it.

Third parties could refuse to accept Powers Of Attorney. This could be due to different reasons. In some cases the refusal can cause harm to the Principal and the third party could be held accountable for the damages.

To prevent this from happening, to avoid this, the Power of Attorney should include provisions that say that the agent will not be the owner of any real estate or property owned by the principal, unless explicitly stated in the document. The document should also stipulate that the agent must submit to a third party a summary on every transaction and other matter that they conduct on behalf of their principal.

DMV Hearings

If DMV orders a discretionary action against your right to drive (such as license suspension due to refusing to take a breath test) You are entitled to have a hearing to challenge the decision. Hearings can be held in-person or over the phone, and usually held before a safety driver hearing officer from DMV. DMV will present all its evidence against the person, including witnesses it has subpoenaed at the hearing. You then have the option of presenting affirmative evidence, such as documents, witnesses or even your testimony. You may also present closing arguments in order to discredit DMV and ask questions to the hearing officer.

You are more likely win a DMV hearing if you engage an attorney. A lawyer can help you to determine if the officers involved in your case committed any mistakes during the arrest, such as not clearly advising you that your license would be suspended if it was not possible to take a breath test.

While you aren't legally required to use an attorney at the time of a DMV hearing having a NYC DMV lawyer can make the process easier. An attorney is well-versed regarding the laws governing these kinds of cases, and can help you to present your case as efficiently as you possibly can. They can also help you avoid being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your driving privileges and license if you're accused of certain traffic violations or other legal violations. The suspension or the revocation of your license will normally remain in place until you've completed the steps required to get it back.

Your driver's license may be suspended due to a variety of reasons, based upon where you live. For instance, in states that use points-based systems, the accumulation of too many points may lead to a license suspension. A judge may also revoke your license in the event of violations of traffic law. In most instances, the court will allow you to drive with a restricted driving permit during your suspension or revocation.

In certain states, your license could be revoked if been found guilty of certain offenses, such as DUIs or vehicular manslaughter. In addition the license could be revoked if you fail to pay back child support or other civil debts. It is also possible to lose your license if you suffer from a medical condition which renders driving a car dangerous.

Your New York lawyer will help you determine the state of your license and how best to proceed. The lawyer will explain to you that in the majority of cases, if your license is suspended, you have the right to a hearing at the DMV.

Representation

A representation letter is an important piece of paper that a lawyer delivers to the person they will be suing. The letter informs the other party that they have a representative who will represent them. It also permits the lawyer to request documents and information from the other party.

A large number of Motor Vehicle Accident Law Firm vehicle accidents are based on the tort concept of negligence. Negligence is defined as a failure to exercise the degree of care that would be expected from someone who is prudent in the same circumstances. Car accidents are often caused or contributed to by a variety of factors. A driver's negligence may include driving under the influence of drugs or alcohol or speeding, or ignoring traffic warnings. Other factors include distracted driving such as using a cellular phone or attempting to put on makeup while driving.

There are situations in which two people who are injured in a car crash want the same attorney to represent them. It is, however, ethically unwise for one attorney to represent both a passenger and driver in a personal injury case. Each client has a conflict. This can be overcome by establishing a separate agreement between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.