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Motor Vehicle Powers of Attorney
There are many parties that are responsible for an accident. In these instances the jury can distribute the amount of damages awarded to the injured party according to their percentage of negligence.
Although DMV hearings are not connected to criminal court, an experienced NYC traffic lawyer can make a huge impact on the outcome of your case. 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 allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document may grant a broad or limited range of powers and must be prepared in accordance with the law of the State. It must be signed and notarized in the presence of a witness or a notary public. A motor vehicle power of attorney gives the agent the authority to manage vehicle-related responsibilities and may include the power to sell a car for example. You can create the Power of Attorney on your own if you contact your local Department of Motor Vehicles, or use a free legal website like eForms.com or NYLawHelp. Alternately, you can have someone else do the work for you.
Third parties can refuse to accept Powers Of Attorney. It can be due to many reasons. In some instances the refusal could cause harm to the Principal. The third party could be held responsible 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 estate or other property that is owned by the principal unless otherwise stated in the document. The document should also state that the agent must give a third-party an account of every transaction and other matter that they perform on behalf of their principal.
DMV Hearings
If DMV orders a discretionary action against your driving privilege (such as license suspension due to refusing to take a breath test) you can request be heard to challenge the decision. These hearings can be conducted in person or via the telephone, and are usually conducted by an DMV driver safety hearing officer. DMV will present all its evidence against the person, including any witnesses it has subpoenaed at the hearing. You are then able to present your own evidence, including witnesses, documents, or your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the hearing official.
In the end, winning the DMV hearing is dependent on the specifics of your case, however you are more likely to win by hiring an attorney. An attorney can help you determine the extent of any errors made by the police in your case during your arrest. For example they may not have warned you that you could lose your license if refused a breath test.
While you're not legally required to employ an attorney at a DMV hearing, hiring an NYC DMV attorney can make the process easier. A lawyer is well-versed in all the laws applicable to these types of cases and will help you make your case convincingly. They can also assist you to avoid being unfairly penalized at the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your license and driving privileges in the event that you are found guilty of specific traffic offenses or legal violations. Typically, the suspension or revocation will stay in effect until you've completed all steps necessary to obtain your license back.
Your driver's licence can be suspended due to a variety of reasons, depending on where you reside. For instance states that utilize points system, the accumulation of too many points can lead to the suspension of your license. A judge may also revoke your license in the event of traffic violations. In the majority of instances, the court will allow you to drive with restricted driving permits during your suspension or revocation.
In some states, your license can be revoked if you have been convicted of certain crimes, such as DUIs or vehicular manslaughter. Your license may be suspended if you do not pay back child support, or other civil debts. Your license may be revoked in the event that you have a medical condition that makes it unsafe for you to operate the vehicle.
Your New York lawyer will help you determine the status of your license and the best to proceed. He or she will explain that in most instances, you are entitled to an interview with the DMV if your license is suspended.
Representation
A representation letter is an important document that an attorney sends to the person they intend to sue. It informs the other party that they have a representative who will represent them. It also permits the lawyer to request documents and information from the other party.
Many motor vehicle accidents are based on negligence, a tort. Negligence can be defined as a inability to exercise the level of care that would be expected of a person who is reasonably prudent in the same circumstances. Car accidents are often caused or contributed to by a variety of causes. For example, a driver's negligence may include driving when impaired by alcohol or drugs, speeding, or not paying attention to traffic signals. Distracted driving, like using a cell phone while driving, or applying makeup, is another aspect.
There are some instances where two people who are injured in a car crash want the same attorney to represent them. motor vehicle accident attorney hayward is unethical for an attorney to represent a driver as well as a passenger in a personal injury claim. This is due to each client having a conflict of interests. This can be avoided by creating separate agreements for each client. In addition, passengers can employ their own lawyers to file a suit against the driver.