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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 such situations the jury could distribute the award of damages to the victim according to their percentage of negligence.

Although DMV hearings are not criminal court-related, an experienced NYC traffic attorney will make a major difference in the outcome of your case. Gannes & Musico LLP has many years of experience representing clients in these hearings.

Power of Attorney

Power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a wide or limited scope of powers and must be prepared in accordance with State law. The document must be signed by the signer or notarized in front of a notary public or a witness. A motor vehicle power of attorney gives the agent the authority to take care of the responsibilities of a vehicle and could include the power to sell a car, for example. You can draft an Power of Attorney yourself if you contact your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. You can also ask a friend to assist you.

Third parties can refuse to comply with Powers of Attorney. This could be due to many reasons. In certain situations the refusal could cause harm to the Principal. The third party may be held accountable for these damages.

To prevent this from happening it is crucial that the Power of Attorney include language which states that the agent will not be the owner of any real property or other asset that is owned by the principal unless explicitly stated in the document. The document should also provide that the agent has to submit to an outsider a summary of all transactions and other circumstances in which they are acting on behalf of the principal.

DMV Hearings

You are entitled to appeal a decision if DMV or other agency decides to take discretionary action against you (such as the suspension of your license for refusing to take the breathalyzer test). Hearings are held in person or over the telephone, and are generally conducted by a DMV driver safety hearing officer. In the hearing, DMV will first present all evidence it has against you and any witness testimony it has subpoenaed. It's your turn to present evidence that is affirmative (documents, witnesses or your own testimony) and attack the DMV's argument in closing arguments, and ask questions to the hearing officer.

The outcome of the DMV hearing is contingent upon the facts of your case, but you are more likely to win by hiring an attorney. A lawyer can assist you to determine if the police officers who were involved in your case made mistakes during your arrest, like not indicating clearly that your license could be suspended if you did not take an breath test.

While motor vehicle accident attorneys florida are not legally required to hire a lawyer for the DMV hearing, hiring an NYC DMV attorney can make the process much easier. An attorney is knowledgeable about all the laws that apply to these kinds of cases and can help present your case effectively. In addition, they can help you avoid being unfairly penalized by the DMV.

License Suspension

The Department of Motor Vehicles can suspend your driving privileges and license when you are found guilty of certain traffic offenses or violations. Typically the suspension or revocation will stay in effect until you complete all steps necessary to obtain your license back.

Your driver's license could be suspended for many reasons, based on where you reside. For instance, in states that use points, the accumulation of too many points could lead to the 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 cases, a court will allow you to drive with a restricted driving permit during the period of your suspension or cancellation.

In some states your license may be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license can also be revoked if you are unable to pay back child support, or any other civil debts. The license may also be revoked if you suffer from a medical condition that makes it unsafe for you to operate a vehicle.

Your New York lawyer can help you determine the status of license and the best method to take. He or she will explain that in most cases, you have the right to a hearing before the DMV in the event of your license being suspended.

Representation

A representation letter is an important 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 it also allows the attorney to ask for documents and other information from that party.





Many motor vehicle accident claims are due to negligence, a tort. Negligence is defined as the failure to use the degree of care that a reasonably prudent person would have applied under similar circumstances. Automobile accidents usually involve multiple elements that could lead to or contribute to the incident. A driver's negligence may include driving under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic signs. Other factors include distracted driving such as using a mobile phone or attempting to put on makeup while driving.

In some instances, two people injured in an accident in a car want the same lawyer to represent them. It is unethical for an attorney to represent both a driver and an injured person in a personal injuries claim. This is because each client has conflicts of interest. This can be overcome by creating a separate agreement between each client. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.