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motor vehicle accident lawyer Vehicle Powers of Attorney

Multiple parties are often responsible for an accident. In these cases, motor vehicle accidents a jury could award damages to the injured party in proportion to their percentage of negligence.

Even though DMV hearings are not a part of criminal court, an experienced NYC traffic lawyer can make a huge difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients in these hearings.

Power of Attorney

A power of attorney is a document that permits the person to authorise another to perform actions in his or her name. The document can confer broad or limited powers and must be drafted in accordance with the state's law. It must also be notarized and signed in the presence of a witness or a notary public. A motor vehicle power-of-attorney grants the agent the power to perform vehicle-related duties including selling a car. If you're looking to create a Power of Attorney yourself take a look at contacting your local Department of Motor Vehicles or using a legal online website like eForms or NYLawHelp. You can also ask someone else to do the work for you.

Third parties sometimes refuse to comply with Powers of Attorney. It can be due to various reasons. In some instances the refusal causes harm to the Principal and the third party could be held accountable for the damages.

To prevent this from happening, to avoid this, Power of Attorney should include specific language that says that the agent will not take title to any real estate or property owned by the principal unless explicitly specified in the document. The document should also provide that the agent must report to an outside party a detailed report of all transactions, as well as any other issues in which the agent acts on behalf of the principal.

DMV Hearings

You have the right to appeal a decision when DMV or other agency decides to take discretionary action against you (such as a license suspension for refusing breathalyzer testing). Hearings can be held in-person or over the phone, and are usually held in front of a driver safety hearing officer from DMV. DMV provides all evidence against the person, including witnesses it has subpoenaed at the hearing. Then it's your turn to present affirmative evidence (documents and witnesses, or your own testimony) and attack the DMV's argument in closing arguments, and ask questions of the hearing officer.

In the end, winning an DMV hearing is contingent upon the circumstances of your case, however you are more likely to win when you have an attorney. An attorney can help you determine whether any mistakes were committed by the police officers during your arrest. For instance they may not have warned you that you would lose your license if refused a breath test.

Although you are not required to bring an attorney present at a DMV hearing under the law hiring a NYC DMV lawyer can make the process easier. A lawyer is well-versed in the laws that apply to these cases and will help you present your case effectively. In addition, they can assist in preventing you from being unfairly penalized by the DMV.

Suspension of License

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

Your driver's licence can be suspended due to a variety of reasons, based on the state in which you live. For instance in states that employ points, the accumulation of too many points may result in an automatic suspension of your license. In addition an judge could also require your license to be suspended for a traffic conviction. In the majority of instances, courts will allow you to drive with a restricted driving permit during the time of suspension or revocation.

In some states your license could be revoked for certain offenses, such as DUIs and vehicular manslaughter. In addition your license may be suspended if you have not paid back child support or other civil debts. The license may also be revoked if suffer from a medical condition that makes it unsafe to operate an automobile.

Your New York lawyer will help you determine the status of your license and the best to proceed. They will explain to you that in most instances, if your license has been suspended, you are entitled to an appointment with the DMV.

Representation

A representation letter is an important piece of paper that a lawyer delivers to the person they'll be suing. This puts the other party in the loop that they have a representative that will represent them and also allows the attorney to ask for information and documents from that party.

A large number of motor vehicle accidents are founded on the tort theory of negligence. Negligence is defined as lack of using the level of care that a prudent person would have applied in the same circumstances. Automobile accidents often involve multiple elements that could lead to or contribute to the accident. For instance, driver's negligence can include driving under the influence of alcohol or drugs, speeding, or disregarding traffic signals. Other reasons include distracted driving such as using a mobile phone or attempting to apply makeup while driving.

There are instances in which two victims in a car accident would like the same attorney to represent them. But, it is ethically wrong for a single attorney to represent both a passenger and driver in a personal injury claim. This is due to each client having a conflict of interest. This can be avoided by creating distinct agreements between each client. Alternately, each client can hire their own lawyer to file a lawsuit against the driver that caused the issue.