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Motor Vehicle Powers of Attorney

Many parties are usually responsible for the accident. In these situations the jury can distribute the award of damages to the injured party in proportion to their share of negligence.

Although 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 many years of experience representing clients in these hearings.

Power of Attorney

Power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document may grant broad or limited powers, and must be drafted according to the laws of the state. The document must be signed or notarized in front of a notary public or a witness. A motor vehicle power-of-attorney grants the agent the authority to perform duties relating to the vehicle including selling a vehicle. You can prepare the Power of Attorney on your own if you contact your local Department of motor vehicle accident lawyer Vehicles, or you can use a legal website like eForms.com or NYLawHelp. You can also ask a friend to do it.

Third parties might not comply with Powers Of Attorney. It could be because of several reasons. In some instances the refusal causes harm to the Principal and the third party may be held liable for those damages.

To prevent this from happening it is essential that the Power of Attorney include language informing the agent that he or she cannot have title to any real property or other asset that is owned by the principal unless specified otherwise in the document. The document should also provide that the agent should submit to an outside party a summary of all transactions, as well as any other issues in which the agent acts on behalf of the principal.

DMV Hearings

If DMV or other agency makes a decision that is discretionary against your right to drive (such as a license suspension for refusing to take breath tests), you have the right to be heard to challenge the decision. Hearings can be held in person or over the telephone, and are usually held in front of a driver safety hearing officer from DMV. The hearing is conducted by DMV begins by presenting all of its evidence 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 challenge DMV and ask questions to the hearing official.

You are more likely win an DMV hearing if hiring a lawyer. An attorney can help you determine whether any mistakes were made by the officers during your arrest. For instance they may not have warned you that you could lose your license if declined a breath sample.

While you're not legally required to have an attorney for an DMV hearing, hiring an NYC DMV attorney can make the process much simpler. A lawyer is well-versed in the laws that apply to these types of cases and can assist you to present your case in a professional manner. Additionally, they will assist in preventing you from being unfairly penalized by the DMV.

License Suspension

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

Based on the state in which you live there are a variety of reasons that your driver's permit could be suspended. For instance states that utilize a point system, accumulation of too many points could lead to an automatic suspension of your license. A judge may also revoke your license if there is violations of traffic law. In the majority of instances, the court will allow you to drive on an restricted driving permit during your suspension or the revocation.

In some states your license could be revoked in certain cases, 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. You can also lose your license if you suffer from a medical issue that makes driving a vehicle unsafe.

Your New York lawyer can help you determine the status of license and the best method to take. The lawyer will explain to you that in the majority of cases, if you're license was suspended, you are entitled to an hearing at the DMV.

Representation

A representation letter is an important piece of paper that lawyers send to the person they will be suing. This puts the other party on notice that they now have a representative who will represent them and also allows the lawyer to request information and documents from that party.

A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence is defined by a failure to exercise the level of care that would be expected from a person who is reasonably prudent in similar circumstances. Accidents in the automobile are usually caused or contributed to through a variety factors. For instance, driver's negligence can include driving while impaired by alcohol or drugs, speeding up or disregarding traffic signals. Other factors include distracted driving like using a cell phone or motor vehicle accidents trying to put on makeup while driving.

In some cases when two people are injured in an accident with a vehicle need the same lawyer to represent them. But, it is ethically unwise for one attorney to represent both a passenger and a driver in a personal-injury claim. Each client has a conflict. This is avoided by drafting separate agreements between each client. Alternatively, each passenger can hire his or her own lawyer to make a claim against the driver that caused the issue.