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Motor Vehicle Powers of Attorney

Many parties are usually responsible for an accident. In these cases jurors can award damages to the injured party in proportion to their percentage of negligence.

Even though DMV hearings aren't associated with criminal court, a seasoned NYC traffic lawyer 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

Power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document can grant a wide or limited range of powers and must be drafted in accordance with State law. The document must be signed by the signer or notarized before a notary public or a witness. A motor vehicle power-of-attorney gives the agent the power to perform duties relating to the vehicle including selling a car. You can make an Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or use a free legal website like eForms.com or NYLawHelp. You could also ask someone to prepare it.

Third parties could refuse to respect Powers Of Attorney. It could be because of a number of reasons. In some cases the refusal may cause harm to the Principal, and the third party can be held liable for damages.

To prevent this from happening, it is important to ensure that the Power of Attorney include language which states that the agent will not be the owner of any real property or other asset that is owned by the principal unless explicitly stated in the document. The document should also state that the agent must report to a third party an account of any transactions or other matters in which they act on behalf of their principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as a license suspension for refusing to take an alcohol test) You are entitled to an appeal hearing to contest the decision. Hearings are held in person or via the telephone, and are usually conducted by the DMV driver safety hearing officer. DMV provides all evidence against the person, including witnesses it has subpoenaed at the hearing. You can then present affirmative evidence, such as documents, witnesses or your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the hearing official.

You are more likely to win the DMV hearing if you engage a lawyer. An attorney can assist you to determine if the police officers involved in your case made any errors during your arrest, like not indicating clearly that your driver's license could be suspended if you refused to take a breath test.

While you're not required to bring an attorney present at a DMV hearing by law, hiring a NYC DMV lawyer can make the process easier. A lawyer is well-versed in the laws that apply to these kinds of cases and can help present your case in a professional manner. Additionally, they can help you avoid being unfairly penalized by the DMV.

License Suspension

If you are found guilty of a specific criminal or traffic violations or other violations, the Department of motor vehicle accident Vehicles may suspend your license and driving privileges. Usually the suspension or revocation will stay in effect until you've completed all necessary steps to obtain your license reinstated.

Depending on the state where you reside, there are many different reasons your driver's licence could be suspended. In states that require points, for instance, accumulating too many can cause a suspension. A judge can also detain your license for traffic violations. In the majority of cases, the court will allow you drive with restricted driving permits during the suspension or the revocation.

In certain states, your driver's license can be suspended if you've been convicted of certain crimes, such as DUIs or vehicular murder. The license can be suspended if you are unable to pay back child support, or other civil debts. It is also possible to lose your license if you are suffering with a medical condition that makes driving a vehicle unsafe.

Your New York lawyer can help you determine the status of your license and the best way to proceed. He or she will explain that in many instances, you are entitled to a hearing before the DMV in the event that your license is suspended.

Representation

A representation letter is a very important document that attorneys send to the person he plans to sue. It informs the other party that they have a representative that 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 founded on the tort theory of negligence. Negligence can be defined as failure to use the degree of care that a prudent person would use in the same circumstances. Accidents in the automobile are usually caused or influenced through a variety factors. For instance, a driver's negligence may include driving impaired by alcohol or drugs, speeding up or not paying attention to traffic signals. Other causes include driving distracted, like using a cell phone or trying to apply makeup while driving.

In some cases two people who are injured in an accident in a vehicle would like the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as a passenger in a personal injury case. This is due to each client having a conflict of interest. This can be overcome by establishing a separate contract between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.