Motor Vehicle Powers of Attorney

In many cases it is the case that multiple parties share responsibility for an accident. In such cases, a jury may apportion the damages awarded to the injured party by determining their percentage of negligence.

Although DMV hearings are not criminal court-related, an experienced NYC traffic lawyer can make a significant difference in the outcome of your case. Gannes & Musico LLP has many years of experience representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document may confer broad or limited powers and must be prepared in accordance with the state's law. It must also be notarized and signed in the presence of a notary or witness public. A motor vehicle power of attorney grants the agent the authority to manage the responsibilities of a vehicle and could include the power to sell a vehicle, for example. You can create the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or you can use a legal website such as eForms.com or NYLawHelp. You could also ask someone to help you prepare it.

Third parties are sometimes unable to accept Powers of Attorney. This can be due to a number of reasons. In certain situations refusals can cause harm to the Principal. The third party may be held accountable for these damages.

To avoid this to avoid this, to prevent this from happening, the Power of Attorney should include specific language that says that the agent cannot be the owner of any property or Vimeo real estate owned by the principal unless specifically specified in the document. The document should also specify that the agent is required to give a third-party 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 suspension of your license for refusing to take an alcohol test) you are entitled to a hearing to challenge the decision. Hearings are held in-person or over the telephone, and are 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, including witnesses, documents or Vimeo your testimony. You may also present closing arguments to attack DMV and ask questions to the judge.

Achieving the DMV hearing depends largely on the facts of your case, however you are more likely to win by hiring an attorney. A lawyer can help determine whether there were any mistakes made by the police during your arrest. For instance they might not have warned you that you would lose your license if declined a breath sample.

While you're not legally required to use an attorney present at an DMV hearing, hiring a NYC DMV attorney can make the process easier. An attorney is knowledgeable about all laws applicable to these kinds of cases and can help you effectively present your case. They can also help you avoid being unfairly penalized at the DMV.

Suspension of License

If you are found guilty of specific traffic or legal offenses or other violations, the Department of motor vehicle accident lawsuit Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will usually remain in place until you have completed all the steps required to get it back.

Depending on the state in which you reside there are a variety of reasons why your driver's license may be suspended. For instance states that utilize a point system, accumulation of too many points can lead to the suspension of your license. A judge can also detain your license in the event of violations of traffic law. In most cases the court will let you to drive with restricted driving permits during your suspension or revocation.

In certain states, your license could be revoked for certain offenses, such as DUIs and vehicular manslaughter. Your license could be revoked if fail to pay back child support, or other civil debts. The license may also be revoked if suffer from a medical condition that renders you unfit to operate a vehicle.

Your New York lawyer can help you determine the status of your license and the best method to take. The lawyer will explain that in most instances, you are entitled to an hearing before the DMV in the event of your license suspended.

Representation

A representation letter is a crucial piece of paper that a lawyer sends to the party they will be suing. This puts the other party on notice that they now have a representative who will speak on their behalf and also allows the attorney to ask for details and documents from that party.

A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence is defined as failure to use the degree of care that a reasonably prudent person would use in similar circumstances. Automobile accidents usually involve multiple factors that can cause or contribute to the accident. For example, a driver's negligence can include driving when impaired by alcohol or drugs, or speeding or not paying attention to traffic signals. Other reasons include distracted driving such as using a cellular phone or attempting to put on makeup while driving.

In certain cases, two people injured in an accident in a car want the same lawyer to represent them. It is not ethical for an attorney to represent both a driver and a passenger in a personal injury claim. This is due to each client having a conflict of interest. This can be resolved by creating a separate agreement between each client. Alternately, each client can employ their own lawyer to start a lawsuit against the driver who caused the problem.