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Motor Vehicle Powers of Attorney

Multiple parties are often responsible for the accident. In motor vehicle accident attorney santa monica can distribute the award of damages to the victim based on their percentage of negligence.

Although DMV hearings don't involve criminal court, an experienced NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to act 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 gives the agent the power to perform vehicle-related duties, which may include selling a vehicle. You can make the Power of Attorney on your own if you contact your local Department of Motor Vehicles, or you can use a legal website like eForms.com or NYLawHelp. You can also ask someone else to do the work for you.

Third parties sometimes refuse to comply with Powers of Attorney. It can be due to several reasons. In some cases, a refusal can cause harm to the principal. The third party may be held accountable for these damages.





To prevent this from happening, to avoid this, Power of Attorney should include words that state that the agent is not able to assume title to any real estate or property owned by the principal unless explicitly stated in the document. The document should also specify that the agent is required to submit to a third party a summary on all transactions and other issues in which they act on behalf of their principal.

DMV Hearings

You are entitled to appeal a decision If DMV decides to take a discretionary action against you (such as a license suspension for refusing the breathalyzer test). These hearings are conducted either in person or over the phone, and are typically conducted by a driver safety hearing officer from DMV. The hearing is conducted by DMV will first present all evidence it has against you including any testimony of witnesses it has subpoenaed. You can then present affirmative evidence, including documents, witnesses or your testimony. You may also present closing arguments to challenge DMV and ask questions to the hearing officer.

You are more likely to prevail at in a DMV hearing if hiring a lawyer. A lawyer can assist you to determine if the officers who were involved in your case committed any errors during your arrest, like not letting you know that your driver's license could be suspended if you refuse to take an alcohol test.

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

Suspension of License

If you are found guilty of certain traffic or legal offenses or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or cancellation of your license will usually remain in place until you've completed all the steps required to get it back.

Your driver's license could be suspended due to a variety of reasons, based on the state in which you live. For instance states that have points system, the accumulation of too many points could lead to an automatic suspension of your license. Additionally the judge may also order your license to be suspended for a traffic offense. In the majority of instances, a judge will allow you to drive with a restricted driving permit for the duration of suspension or the revocation.

In some states, your driver's license can be suspended if you've been found guilty of certain crimes, such as DUIs or vehicular murder. Your license could be suspended if you do not pay back child support, or any other civil debts. Your license may also be revoked if you suffer from a medical condition which makes it unsafe to operate in a vehicle.

Your New York lawyer will help you determine the state of your license and the best to proceed. The lawyer will explain that in the majority of cases, you're entitled to an hearing before the DMV in the event that your license is suspended.

Representation

A representation letter is an important document that an attorney sends to the person they plan to sue. This puts the other party in the loop that they have a representative that will speak on their behalf and allows the attorney to ask for documents and information from the party.

A lot of motor vehicle accident claims are caused by negligence, which is which is a tort. Negligence is defined as the failure to use the degree of care a prudent person would have employed in the same situation. Accidents involving cars often involve multiple factors that could cause or contribute to the accident. A driver's negligence could include driving under the influence of drugs or alcohol or speeding, or ignoring traffic warnings. Other causes include driving distracted, like using a cell phone or trying to apply makeup while driving.

There are situations in which two people injured in a car accident would like the same attorney to represent them. However, it is ethically improper for one attorney to represent both a passenger and a driver in a personal injury case. Each client has a conflict. This can be avoided by making separate agreements between each client. Alternately, the passengers can hire their own lawyers to file a lawsuit against the driver.