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Motor Vehicle Powers of Attorney

In many cases there are multiple parties who share the blame for an accident. In such situations the jury could distribute the award of damages to the victim by determining their percentage of negligence.

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

Power of Attorney

The power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may confer broad or limited powers and must be prepared in accordance with the state's law. It must be notarized and signed in the presence of a witness or notary public. A motor vehicle power of attorney gives the agent the authority to manage vehicle-related responsibilities and may include the ability to sell a car for instance. You can draft an Power of Attorney yourself by contacting your local Department of Motor Vehicles, or use a free legal website like eForms.com or NYLawHelp. You can also ask someone to help you prepare it.

Third parties can refuse to comply with Powers of Attorney. This can be for many reasons. In motor vehicle accident lawsuit new rochelle can cause harm to the principal. The third party could be held accountable for these damages.

To avoid this it is essential to ensure that the Power of Attorney include language that states that the agent is not able to have title to any real property or other asset that is owned by the principal unless explicitly stated in the document. The document should also specify that the agent should submit to an outside party a detailed report of all transactions and any other matters in which they act on behalf of the principal.

DMV Hearings

If DMV decides to take a discretionary action against your right to drive (such as license suspension due to refusing to take the breath test), you have the right to have a hearing to challenge the decision. These hearings are conducted either in person or by phone, and are typically conducted by a driver safety hearing officer from DMV. DMV will present all its evidence against the person, including witnesses it has subpoenaed during the hearing. You are then able to present your own evidence, including witnesses, documents or your testimony. You can also make closing arguments to smear DMV and ask questions to the hearing officer.





Winning a DMV hearing is largely contingent on the specifics of your case, however you are more likely to prevail if you hire an attorney. A lawyer can assist you to determine if the officers involved in your case committed mistakes during your arrest, like not letting you know that your license will be suspended if you refused to take an alcohol test.

While you aren't legally required to have an attorney present at the time of a DMV hearing, 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 assist you to present your case as efficiently as is possible. They can also help you avoid being unfairly penalized at the DMV.

Suspension of License

If you are accused of certain criminal or traffic violations or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will usually remain in place until you have completed all the steps required to get it back.

Depending on the state in which you reside there are a variety of reasons that your driver's license may be suspended. For instance states that have a point system, accumulation of too many points can lead to the suspension of your license. Additionally, a judge can also order your license to be suspended for a traffic offense. In the majority of cases, the court will allow you drive with an restricted driving permit during the suspension or the revocation.

In some states, your license can be suspended if you've been found guilty of certain crimes, such as DUIs or vehicular manslaughter. In addition your license may be revoked for not paying back child support or other civil debts. You can also lose your license if you are suffering from a medical condition that can make driving a car unsafe.

Your New York lawyer can help you determine the validity of your license and the best way to proceed. The lawyer will explain to you that in most cases, if your license was suspended, you are entitled to a hearing at the DMV.

Representation

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

Many motor vehicle accidents are due to negligence, a tort. Negligence is defined as inability to exercise the level of care a prudent person would have employed in similar circumstances. Automobile accidents usually involve multiple elements that could lead to or contribute to the incident. A driver's negligence may include driving while under the influence of drugs or alcohol, speeding, or disregarding traffic signs. Distracted driving, like using your cell phone while driving or applying makeup is a different reason.

In certain instances two people who are injured in an accident in a car want the same lawyer to represent them. But, it is ethically improper for one attorney to represent both the driver and passengers in a personal injury claim. Each client has a conflict. This can be avoided by drafting separate agreements between each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.