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Motor Vehicle Powers of Attorney

In many cases when multiple parties are responsible for an accident. In these instances the jury may decide to distribute the amount of damages awarded to the victim in proportion to their share of negligence.

Although DMV hearings are not a part of criminal courts, a seasoned NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings.

Power of Attorney

A power of attorney is a document that permits an individual to authorize another to perform acts in his or her name. 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 a notary public. A Motor vehicle accident lawyers vehicle power of attorney grants the agent the authority to take care of vehicle-related responsibilities and may include the power to sell a vehicle, for example. You can make an Power of Attorney yourself if you contact your local Department of Motor Vehicles, or you can use a legal website such as eForms.com or NYLawHelp. Alternately, you can ask someone else to do the work for you.

Third parties might not accept 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 could be held liable for damages.

To avoid this, to avoid this, the Power of Attorney should include language that states that the agent is not able to take title to any real estate or property owned by the principal unless explicitly specified in the document. The document should also mention that the agent must submit to a third party a summary on any transactions or other matters in which they act on behalf of their principal.

DMV Hearings

You are entitled to appeal a decision in the event that DMV decides to take a discretionary action against you (such as the suspension of your license for refusing to take the breathalyzer test). These hearings can be conducted in person or over the telephone, and are usually conducted by a driver safety hearing officer from DMV. The hearing is conducted by DMV begins by presenting all evidence it has against you including any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, including witnesses, documents, or your testimony. You can also make closing arguments to attack DMV and ask questions to the hearing officer.

Winning an DMV hearing is contingent upon the circumstances of your case, but you are more likely to win by hiring an attorney. A lawyer can help you to determine if the officers who were involved in your case committed any mistakes during the arrest, like not letting you know that your driver's license could be suspended if it was not possible to take a breath test.

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

Suspension of License

The Department of Motor Vehicles can suspend your driving privileges and license in the event that you are found to be guilty of certain traffic offenses or legal violations. Usually the suspension or revocation is in effect until the time you complete all steps necessary to obtain your license back.

Your driver's license can be suspended for various reasons, based on where you reside. For instance in states that employ points system, the accumulation of too many points could result in the suspension of your license. A judge can also take away your license due to an offense in traffic. In the majority of instances, a judge will permit you to drive on a limited driving permit for the duration of suspension or the revocation.

In some states your license may be suspended for certain offenses, such as DUIs and vehicular manslaughter. In addition, your license can be revoked for not paying back child support or other civil debts. You could also lose your license if you suffer from a medical condition that can make driving a car unsafe.

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

Representation

A representation letter is an important document that an attorney sends to the person they want to sue. The letter 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.

Many motor vehicle accident claims are due to negligence, a tort. Negligence is defined as a failure to exercise the level of care that would be expected from someone who is reasonably prudent under similar circumstances. Automobile accidents are often caused or contributed to by a variety of factors. For instance, driver's negligence can include driving when impaired by alcohol or drugs, speeding up or not paying attention to traffic signals. Driving distracted, for Motor Vehicle Accident Lawyers example, using your cellular phone while driving, or applying makeup, is a separate reason.

There are situations in which two victims in a car crash want the same lawyer to represent them. It is unethical for an attorney to represent both a driver and a passenger in a personal injury lawsuit. Each client has a conflict. This can be resolved by establishing a separate agreement between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.