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Motor Vehicle Powers of Attorney

Often there are multiple parties who share the blame for an accident. In these cases, a jury could award damages to the injured party depending on their percentage of negligence.

Even though DMV hearings aren't connected to criminal court, an experienced NYC traffic attorney can make a substantial difference in the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that allows the person to authorize someone else to act in their name. The document can grant a broad or limited scope of powers and must be prepared in accordance with State law. It must also be signed and/or notarized the presence of a notary or witness public. A motor vehicle power of attorney grants the agent the authority to perform vehicle-related duties, which may include selling a vehicle. You can draft an Power of Attorney on your own if you contact your local Department of Motor Vehicles, or go to a legal website like eForms.com or NYLawHelp. You can also have someone else do the task for you.

Third parties can refuse to comply with Powers of Attorney. This could be due to different reasons. In some instances the refusal may cause harm to the Principal, and the third party could be held liable for damages.

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

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as license suspension due to refusing to take an alcohol test) you are entitled to an appeal hearing to contest the decision. These hearings are conducted either in person or by phone, and are usually held in front of a driver safety hearing officer from DMV. DMV presents all its evidence against the person, including any witnesses it has subpoenaed at the hearing. You can then present affirmative evidence, such as witnesses, documents or your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing official.

The outcome of an DMV hearing is contingent upon the circumstances of your case, but you are more likely to win if you hire an attorney. An attorney can help you determine the extent of any errors made by the police during your arrest. For example, they may not have informed you that you could lose your license if you did not take a breath test.

While you are not legally required to use an attorney present at the DMV hearing, hiring a NYC DMV attorney can make the process easier. An attorney will be knowledgeable regarding the laws governing these kinds of cases and will assist you in present your case as efficiently as possible. They can also help you avoid being unfairly penalized by the DMV.

License Suspension





The Department of Motor Vehicles can suspend your license and driving privileges in the event that you are accused of certain traffic violations or other legal violations. The suspension or suspension of your license is generally remain in effect until you have completed the required steps to get it back.

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

In certain states, your license may be revoked in certain cases, such as DUIs and vehicular manslaughter. In addition your license may be suspended for failure to pay back child support or other civil debts. motor vehicle accident lawsuit santa ana may also lose your license if are suffering with a medical condition that makes driving a car unsafe.

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

Representation

A representation letter is a very important document that attorneys send to the person he plans to sue. This notifies the other party that they have a representative that will represent them. It also permits the lawyer to request documents and information from the other party.

Many motor vehicle accidents are due to negligence, a tort. Negligence is defined as failure to use the degree of care that a prudent person would use in the same circumstances. Accidents in the automobile are usually caused or influenced by a variety of factors. A driver's negligence may include driving while under the influence of alcohol or drugs speeding, or not paying attention to traffic warnings. Driving distracted, like using your cellular phone while driving, or applying makeup, is a further factor.

There are some instances where two people injured in a car crash want the same attorney to represent them. However, it is ethically wrong for a single attorney to represent both a passenger and driver in a personal-injury claim. Each client has a conflict. This can be overcome by creating a separate contract between each client. Or, they can hire their own lawyers to file a suit against the driver.