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Motor Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these situations, a juror may award damages to the victim according to their percentage of negligence.

Although DMV hearings do not involve criminal court, an experienced NYC traffic lawyer can make a huge difference in the outcome. Gannes & Musico LLP has many years of experience representing clients in these hearings.

Power of Attorney

The power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document may confer broad or limited powers and must be drafted in accordance to state law. It must also be signed and notarized in the presence of a witness or a notary public. A motor vehicle power-of-attorney grants the agent the authority to perform duties related to vehicles including selling a car. You can make a Power of Attorney yourself if you contact your local Department of Motor Vehicles, or you can use a legal site like eForms.com or NYLawHelp. You could also ask someone to do it.

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

To prevent this from happening to avoid this, the Power of Attorney should include language that states that the agent can't claim title to any property or real estate owned by the principal without being explicitly specified in the document. The document should also provide that the agent submits to an outside party a summary of all transactions as well as any other instances where he or she acts on behalf of the principal.

DMV Hearings

If DMV has a discretionary decision against your right to drive (such as suspension of your license for refusing to take a breath test) You are entitled to an appeal hearing to contest the decision. These hearings can be conducted in person or via the telephone, and are generally held before the DMV driver safety hearing officer. In the hearing, DMV starts by presenting all evidence it has against you, including any witness testimony it has subpoenaed. Then it's your turn to present evidence that is affirmative (documents or witnesses, or even your own testimony) and attack the DMV's argument in closing arguments and ask questions to the hearing officer.

In the end, winning a DMV hearing is contingent upon the facts of your case, however you are more likely to win if you hire an attorney. A lawyer can help to determine if the police officers who were involved in your case committed any mistakes during your arrest, for instance, not clearly informing you that your license would be suspended if it was not possible to take a breath test.

While you're not legally required to use an attorney at an DMV hearing by law hiring a NYC DMV lawyer can make the process more efficient. An attorney is well-versed in the laws that govern these kinds of cases and can assist you to present your case as efficiently as is possible. They can also assist you to avoid being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of certain violations of the law and are found guilty, the Department of motor vehicle accident attorney Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation remains in effect until you've completed all necessary steps to obtain your license reinstated.

Depending on the state in which you reside there are a variety of reasons your driver's licence may be suspended. For instance states that have points, the accumulation of too many points can result in a license suspension. Additionally to that, a judge may decide to have your license suspended for a traffic conviction. In most instances, the court will allow you to drive with a limited driving license during the period of suspension or cancellation.

In some states, your license could be revoked if been convicted of specific crimes like DUIs or vehicular manslaughter. Additionally, your license can be suspended if you have not paid back child support or other civil debts. Your license may also be revoked if you suffer from a medical issue that renders you unfit to operate in a vehicle.

Your New York lawyer will help you determine the status of your license, and how best to proceed. The lawyer will explain to you that in most cases, if your license has been suspended, you have the right to an hearing at the DMV.

Representation

A representation letter is a crucial piece of paper that lawyers send to the person 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 lawyer to request information and documents from that party.

A large number of motor vehicle accidents are based on the tort concept of negligence. Negligence is defined as a failure to exercise the level of care expected from someone who is prudent in the same circumstances. Automobile accidents are often caused or contributed to through a variety factors. A driver's fault could be driving while under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic warnings. Other factors include distracted driving like using a cell phone or trying to put on makeup while driving.

There are instances where two victims in a car accident want the same lawyer to represent them. It is not ethical for an attorney to represent the driver and an individual in a personal injuries claim. This is because each client has conflicts of interest. This can be resolved by creating a separate agreement between each client. Alternately, each client can employ their own lawyer to bring a lawsuit against the driver who was at fault.