Motor Vehicle Powers of Attorney

Often there are multiple parties who share the blame for an accident. In these cases the jury may award damages to the injured party according to their percentage negligence.

Although DMV hearings do not involve criminal court, a skilled NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico, LLP has extensive experience representing clients in these hearings.

Power of Attorney

The power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document can grant a wide or limited power and must be prepared according to State law. It must also be notarized and signed in the presence of a witness or notary public. A Motor vehicle accident attorney (Vimeo.com) vehicle power of attorney grants the agent the authority to manage car-related obligations and could also include the power to sell a car for instance. If you're looking to create the Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. You can also ask a friend to help you prepare it.

Third parties sometimes refuse to accept Powers of Attorney. This can be for a variety of reasons. In some instances the refusal can cause harm to the Principal and the third party can be held liable for damages.

To avoid this, to prevent this from happening, the Power of Attorney should include provisions that say that the agent will not be the owner of any property or real estate owned by the principal without being specifically specified in the document. The document should also state that the agent has to submit to an outside party a summary of all transactions and any other issues in which he or she acts on behalf of the principal.

DMV Hearings

If DMV has a discretionary decision against your driving privilege (such as license suspension due to refusing to take the breath test) you can request an appeal hearing to contest the decision. Hearings can be held in person or via the telephone, and are generally held before the DMV driver safety hearing officer. DMV will present all its evidence against the person, including witnesses it has subpoenaed, at the hearing. You can then present affirmative evidence, including documents, witnesses or even your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing officer.

You are more likely win the DMV hearing if you engage a lawyer. A lawyer can help determine whether there were any mistakes made by the police during your arrest. For instance, they may not have warned you that you would lose your license if you declined a breath sample.

While you are not legally required to use a lawyer for an DMV hearing, hiring an NYC DMV attorney can make the process much easier. An attorney is knowledgeable about the laws that apply to these types of cases and can help you present your case in a professional manner. Additionally, they can help you avoid being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges if you're found to be guilty of certain traffic offenses or violations. Usually, the suspension or revocation is in effect until the time you complete all the steps required to get your license reinstated.

Depending on the state where you reside, there are many different reasons that your driver's permit can be suspended. In states that use points, for example the accumulation of too many points can result in the suspension. A judge may also revoke your license if there is traffic violations. In the majority of instances the court will let you to drive with an restricted driving permit during your suspension or the revocation.

In certain states, your driver's license can be revoked if been found guilty of certain offenses, such as DUIs or vehicular manslaughter. Your license can also be revoked when you don't pay child support, or any other civil debts. Your license could also be revoked if you have a medical condition that makes it unsafe to operate in a vehicle.

Your New York lawyer will help you determine the state of your license and how best to proceed. They will explain to you that in the majority of instances, if your license is suspended, you are entitled to an hearing at the DMV.

Representation

A representation letter is an important document that an attorney must send to the person he plans to sue. This puts the other party on notice that they have a representative that will speak on their behalf, and it also allows the attorney to ask for information and documents from that party.

A lot of motor vehicle accident claims are result of negligence, which is a tort. Negligence is defined as a failure to exercise the degree of care expected from a person who is reasonably prudent in the same circumstances. Car accidents are often caused or contributed to through a variety factors. A driver's fault could be driving under the influence of drugs or alcohol, speeding, or disregarding traffic warnings. Driving distracted, for example, Motor vehicle accident Attorney using your cell phone while driving or applying makeup, is another reason.

In certain instances there are instances where two victims of an accident with a vehicle need the same lawyer to represent them. It is unethical for an attorney to represent both a driver and an injured person in a personal injury claim. This is because each client has a conflict of interests. This can be resolved by establishing a separate contract between each client. Alternatively, each passenger can hire their own lawyer to file a lawsuit against the driver who caused the problem.