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Motor Vehicle Powers of Attorney

There are many parties that are responsible for the accident. In these instances the jury can distribute the damages awarded to the injured party in proportion to their share of negligence.

Although DMV hearings do not have to be connected to criminal court, an experienced NYC traffic attorney will make a major difference in the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these proceedings.

Power of Attorney

A 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 confer broad or limited powers, and must be prepared in accordance to state law. The document must be signed or notarized in front of a notary public or witness. A motor vehicle power of attorney gives the agent the authority to take care of auto-related duties and may include the ability to sell a car, for instance. If you're planning to draft the Power of Attorney yourself take a look at contacting your local Department of motor vehicle accident lawyers Vehicles or using a legal online website like eForms or NYLawHelp. Alternately, you can have someone else do the work for you.

Third parties can refuse to comply with Powers Of Attorney. This can be for many reasons. In some instances the refusal could cause harm to the principal. The third party may be held accountable for the damages.

To avoid this it is crucial to ensure that the Power of Attorney include language which states that the agent will not have title to any real property or other asset owned by the principal, unless specified otherwise in the document. The document should also stipulate that the agent has to submit to an outside party a detailed report of all transactions and other circumstances in which he or she acts on behalf of the principal.

DMV Hearings

If DMV decides to take a discretionary action against your driving privilege (such as suspension of your license for refusing to take a breath test), you have the right to be heard to challenge the decision. Hearings can be held in person or over the telephone, and are generally held before a DMV driver safety hearing officer. At the hearing, DMV begins by presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. Then, you get to present evidence that is affirmative (documents and witnesses, or your own testimony) and attack the DMV's argument in closing arguments, and ask questions of the hearing officer.

You are more likely win the DMV hearing if you hire an attorney. A lawyer can assist you to determine if the police officers who were involved in your case made any mistakes during the arrest, like not clearly informing you that your driver's license could be suspended if you did not take an breath test.

Although you are not legally required to have an attorney at a DMV hearing by law hiring a NYC DMV lawyer can make the process easier. A lawyer will be well-versed regarding the laws governing these kinds of cases, and can help you to present your case as effectively as is possible. They can also help you avoid being unfairly penalized by the DMV.

License Suspension

If you are found guilty of a specific criminal or traffic offenses and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will usually remain in place until you've completed the necessary steps to obtain it back.

Your driver's licence can be suspended for various reasons, based on where you reside. For instance, in states that use a point system, accumulation of too many points may lead to an automatic suspension of your license. In addition an judge could also decide to have your license suspended for a traffic offense. In the majority of cases the court will let you to drive under a restricted driving license during the suspension or the revocation.

In some states your license may be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license can be revoked if do not pay back child support or other civil debts. Your license could be revoked in the event that you have a medical condition that makes it unsafe to operate in a vehicle.

Your New York lawyer can help you determine the condition of your license and the best way to proceed. He or she will explain to you that in most cases, if you're license has been suspended, you are entitled to an hearing at the DMV.

Representation

A representation letter is a very important document that an attorney must send to the person they plan to sue. This notifies the other party that they have a representative who will speak on their behalf. It also permits the lawyer to request information and documents from the other party.

A large number of motor vehicle accidents are in the tort doctrine of negligence. Negligence can be defined as a inability to exercise the standard of care that would be expected from someone who is prudent in the same circumstances. Automobile accidents often involve multiple factors that can cause or contribute to the accident. A driver's fault could be driving while under the influence of alcohol or drugs or speeding, or ignoring traffic signs. Other reasons include distracted driving like using a cell phone or attempting to put on makeup while driving.

There are instances where two people who are injured in a car accident want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as a passenger in a personal injury claim. Each client is in conflict. This can be avoided by drafting distinct agreements between each client. Alternately, the passengers can hire their own lawyers to file a lawsuit against the driver.