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Motor Vehicle Powers of Attorney
In most cases it is the case that multiple parties share responsibility for an accident. In these instances jurors can award damages to the victim according to their percentage negligence.
While DMV hearings aren't associated with criminal court, a seasoned NYC traffic attorney can make a substantial impact on the outcome of your case. Gannes & Musico LLP has many years of experience representing clients at these hearings.
Power of Attorney
A power of attorney is a document that allows a person to authorize another to perform actions in his or her name. motor vehicle accident attorney grand prairie may confer broad or limited powers and must be drafted according to the laws of the state. It must also be notarized and signed in the presence of a notary or witness public. A motor vehicle power of attorney gives an agent the power to handle vehicle-related responsibilities and may include the ability to sell a car for instance. You can prepare the Power of Attorney yourself by contacting your local Department of Motor Vehicles, or you can use a legal website like eForms.com or NYLawHelp. You can also have someone else do it for you.
Third parties could refuse to honor Powers Of Attorney. This could be due to various reasons. In certain situations, a refusal can cause harm to the principal. The third party could be held accountable for these damages.
To prevent this from happening to avoid this, the Power of Attorney should include specific language that says that the agent will not take title to any property or real estate owned by the principal unless specifically stipulated in the document. The document should also specify that the agent should submit to an outside party a report of all transactions and any other circumstances in which they are acting 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 the breath test), you are entitled to have a hearing to challenge the decision. These hearings can take place in person or by telephone, and are usually conducted in front of an DMV driver safety hearing officer. DMV presents all its evidence against the person, including any witnesses it has subpoenaed during the hearing. You can then present affirmative evidence, including witnesses, documents, or your testimony. You may also present closing arguments to smear DMV and ask questions to the hearing official.
It is more likely that you will win a DMV hearing if you engage a lawyer. An attorney can help you determine if any mistakes were made by the police officers in your case during your arrest. For example they might not have advised you that you would lose your license if declined a breath sample.
Although you aren't legally required to have an attorney present at a DMV hearing, hiring a NYC DMV attorney will make the process simpler. An attorney is knowledgeable about all the laws that apply to these cases and can help effectively present your case. Additionally, they will help you avoid being unfairly penalized by the DMV.
License Suspension
The Department of Motor Vehicles can suspend your license and driving privileges if you are found guilty of certain traffic offenses or legal violations. Usually, the suspension or revocation will remain in effect until you've completed all necessary steps to obtain your license reinstated.
Based on the state in which you live, there are many different reasons your driver's licence may be suspended. States that use points, for example, accumulating too many can cause being suspended. In addition the judge may also decide to have your license suspended for a traffic conviction. In the majority of instances, courts will permit you to drive using a restricted driving permit during the time of your suspension or cancellation.
In some states your license can be revoked for certain crimes, including DUIs and vehicular manslaughter. The license can be suspended if you are unable to pay back child support, or other civil debts. It is also possible to lose your license if suffer from a medical condition which makes driving a car unsafe.
Your New York lawyer will help you to determine the status 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 a crucial piece of paper that lawyers send to the person they'll be suing. This puts the other party in the loop that they have a representative that will speak on their behalf and also allows the lawyer to request documents and information from the party.
Many motor vehicle accident claims are due to negligence, which is a tort. Negligence is defined as a failure to exercise the degree of care that would be expected of someone who is prudent in the same circumstances. Car accidents are often caused or influenced through a variety factors. The negligence of a driver could be driving while under the influence of drugs or alcohol, speeding, or disregarding 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 injured in a car accident need the same lawyer to represent them. It is, however, ethically improper for one attorney to represent both the driver and passengers in a personal injury claim. This is because each client has a conflict of interests. This can be avoided by making distinct agreements between each client. In addition, passengers can employ their own lawyers to file a suit against the driver.