Motor Vehicle Powers of Attorney

A number of parties are often at fault for the accident. In such cases the jury may decide to distribute the damages awarded to the victim by determining their percentage of negligence.

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

Power of Attorney

A power of attorney is a document that allows an individual to authorize another to perform actions in his or her name. The document may grant a broad or limited power and must be prepared in accordance with State law. It must also be signed and/or notarized in the presence of a notary or witness public. A motor vehicle power of attorney grants the agent the authority to take care of car-related obligations and firm could also include the ability to sell a vehicle, for instance. If you're looking to create a Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. You can also ask someone to do it.

Third parties could refuse to comply with Powers Of Attorney. This could be due to various reasons. In some instances it can cause harm to the Principal. The third party may be held accountable for these damages.

To avoid this it is crucial to ensure that the Power of Attorney include language which states that the agent will not take title to any real estate or other property that is owned by the principal unless otherwise stated in the document. The document should also state that the agent should submit to an outside party a summary of all transactions and any other issues in which the agent acts on behalf of the principal.

DMV Hearings

If DMV orders a discretionary action against your right to drive (such as a license suspension for refusing to take an alcohol test), you can request have a hearing to challenge the decision. These hearings are conducted either in person or firm via phone, and usually held before a driver safety hearing officer from DMV. DMV will present all its evidence against the person, including any witnesses it has subpoenaed, during the hearing. Then it's your turn to present evidence that is affirmative (documents, witnesses or your own testimony) to attack DMV's evidence in closing arguments, and ask questions to the hearing officer.

Winning the DMV hearing is contingent upon the specifics of your case, but you are more likely to win by hiring an attorney. An attorney can assist you to determine if the police officers who were involved in your case committed any mistakes during your arrest, for instance, not letting you know that your driver's license could be suspended if you did not take an breath test.

While you aren't required to have an attorney at a DMV hearing however, hiring a NYC DMV lawyer can make the process easier. A lawyer is well-versed in all the laws that apply to these types of cases and can help you present your case effectively. They can also help you avoid being unfairly penalized by the DMV.

License Suspension

If you are found guilty of specific violations of the law or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation will stay in effect until you have completed all necessary steps to obtain your license reinstated.

Your driver's licence can be suspended due to a variety of reasons, depending on where you live. For instance in states that employ a point system, Firm accumulation of too many points could lead to an automatic suspension of your license. A judge can also take away your license if there is traffic violations. In the majority of cases, the court will allow you to drive on a restricted driving permit during the suspension or the revocation.

In certain states, your license could be revoked for certain crimes, including DUIs and vehicular manslaughter. In addition your license could be revoked for not paying back child support or other civil debts. You can also lose your license if suffer from a medical issue that makes driving a car unsafe.

Your New York lawyer can help you determine the status of license and the best way to proceed. They will explain to you that in the majority of cases, if you're license is suspended, you have the right to a hearing at the DMV.

Representation

A representation letter is a crucial piece of paper that lawyers must send to the party they will be suing. This informs the other side that they have a representative who will speak on their behalf. It also permits the lawyer to request documents and information from the other party.

Many motor vehicle accidents are based on negligence, which is a tort. Negligence is defined as lack of using the level of care that a reasonably prudent person would have employed in the same situation. Accidents involving cars are usually caused or influenced 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. Other reasons include distracted driving like using a cell phone or attempting to put on makeup while driving.

There are situations in which two people who are injured in a car accident would like the same lawyer to represent them. It is unethical for an attorney to represent both a driver and an injured person in a personal injury claim. Each client has a conflict. This is avoided by drafting separate agreements between each client. Or, each person can hire their own lawyer to file a lawsuit against the driver who caused the problem.