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Motor Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these situations the jury can distribute the amount of damages awarded to the injured party by determining their percentage of negligence.

Although DMV hearings do not have to be related to criminal court, a skilled NYC traffic lawyer can make a significant impact on 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 a legal document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can confer broad or motor vehicle accident Attorney limited powers and must be drafted in accordance to state law. It must be signed and/or notarized in the presence of a notary or Motor Vehicle Accident Attorney witness public. A motor vehicle power of attorney gives an agent the power to handle the responsibilities of a vehicle and could include the power to sell a car, for instance. If you want to prepare a Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a free legal website like eForms or NYLawHelp. Alternatively, you can ask someone else to do the task for you.

Third parties may not comply with 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 may be held accountable for the damages.

To prevent this from happening, to avoid this, Power of Attorney should include words that state that the agent will not claim title to any real estate or property owned by the principal, unless specifically stipulated in the document. The document should also specify that the agent has to submit to an outside party a summary of all transactions and other matters in which they act on behalf of the principal.

DMV Hearings

You are entitled to an appeal hearing if DMV makes a decision that is discretionary against you (such as refusal to take breathalyzer testing). Hearings can be held in person or by telephone, and are usually conducted in front of an DMV driver safety hearing officer. In the hearing, DMV starts by presenting all of its evidence against you including any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, such as documents, witnesses or your testimony. You can also make closing arguments to attack DMV and ask questions to the judge.

Winning the DMV hearing is contingent upon the facts of your case, however you are more likely to win by hiring an attorney. An attorney can assist in determining whether there were any mistakes made by the officers in your case during your arrest. For example they may not have informed you that you could lose your license if you did not take a breath test.

While you aren't legally required to have an attorney present at the time of a DMV hearing, hiring a NYC DMV lawyer can make the process easier. A lawyer is well-versed regarding the laws governing these kinds of cases, and will help you present your case as effectively as you can. Additionally, they will assist in preventing you from being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of a specific criminal or traffic violations, the Department of motor vehicle accident lawyer Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation remains in effect until you have completed all steps necessary to obtain your license back.

Your driver's license may be suspended due to a variety of reasons, based on the state in which you reside. States that use points, for instance, accumulating too many can result in a suspension. A judge can also take away your license in the event of traffic violations. In the majority of instances, courts will allow you to drive on a limited driving license during the period of suspension or suspension or revocation.

In certain states, your license may be revoked if been convicted of certain crimes like DUIs or vehicular manslaughter. In addition the license could be suspended for failure to pay back child support or other civil debts. Your license may also be revoked if you suffer from a medical condition which makes it unsafe for you to operate an automobile.

Your New York lawyer can help you determine the status of your license and the best method to take. The lawyer will explain to you that in the majority of cases, if your license is suspended, you have the right to an appointment with the DMV.

Representation

A representation letter is an important document that an attorney sends to the person he plans to sue. It 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 lot of motor vehicle accident attorney vehicle accident claims are result of negligence, which is a tort. Negligence is defined as a inability to exercise the level of care expected from someone who is prudent in similar circumstances. Accidents involving cars often involve multiple factors that can cause or contribute to the accident. A driver's fault could be driving while under the influence of drugs or alcohol or speeding, or ignoring traffic signs. Distracted driving, such as using your cellular phone while driving, or applying makeup, is another reason.

There are certain instances where two people who are injured in a car accident need the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as an injured person in a personal injury claim. This is because each client has a conflict of interest. This can be avoided by making separate agreements for each client. Alternately, each client can hire his or her own lawyer to bring a lawsuit against the driver that caused the issue.