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Motor Vehicle Powers of Attorney

Multiple parties are often responsible for the accident. In such cases, a jury may apportion the amount of damages awarded to the injured party based on their percentage of negligence.

Although DMV hearings are not related to criminal court, a skilled NYC traffic attorney can make a huge difference in the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these hearings.

Power of Attorney

The power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document may grant 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 a notary public. A motor vehicle power of attorney gives the agent the authority to take care of car-related obligations and could also include the ability to sell a car, for example. You can prepare the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal website like eForms.com or NYLawHelp. Or, you could have someone else do the work for you.





Third parties may refuse to respect Powers Of Attorney. This could be due to several reasons. In some cases, a refusal can cause harm to the principal. The third party could be held accountable for damages.

To prevent this from happening, to avoid this, Power of Attorney should include provisions that say that the agent will not claim title to any property or real estate owned by the principal without being explicitly specified in the document. The document should also mention that the agent is required to submit to a third party a summary on all transactions and other matters that they conduct on behalf of their principal.

DMV Hearings

If DMV has a discretionary decision against your right to drive (such as license suspension due to refusing to take an alcohol test), you have the right to an appeal hearing to contest the decision. These hearings are conducted either in-person or over the phone, and usually held before a driver safety hearing officer from DMV. DMV provides all evidence against the person, including witnesses it has subpoenaed at the hearing. You are then able to present your own evidence, such as witnesses, documents, or your testimony. You can also make closing arguments to attack DMV and ask questions to the hearing official.

In the end, winning an DMV hearing is dependent on the specifics of your case, but you are more likely to win by hiring an attorney. A lawyer can assist you to determine if the officers involved in your case made any mistakes during the arrest, for instance, not clearly advising you that your driver's license could be suspended if you refused to take the breath test.

Although you aren't required to bring an attorney at a DMV hearing under the law hiring a NYC DMV lawyer will make the process much easier. An attorney will be knowledgeable in the laws that govern these types of cases, and can assist you to present your case as effectively as you can. They can also help you avoid being unfairly penalized at the DMV.

License Suspension

If you are found guilty of a specific criminal or traffic violations that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Usually the suspension or revocation will stay in effect until you have completed all required steps to get your license back.

Your driver's license could be suspended for many reasons, based on the state in which you reside. In states that rely on points, for example having too many points could result in being suspended. motor vehicle accident lawyer lafayette can also take away your license due to violations of traffic law. In most cases the court will let you drive with a restricted driving permit during your suspension or revocation.

In certain states, your license can be revoked if you have been found guilty of certain crimes like DUIs or vehicular manslaughter. Your license may be revoked if fail to 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 to operate the 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 many circumstances, you are entitled to an interview with the DMV in the event that your license is suspended.

Representation

A representation letter is a very important document that attorneys send to the person they intend to sue. The letter informs the other party that they have a representative that will represent them. It also allows the lawyer to request information and documents from the other party.

Many motor vehicle accident claims are due to negligence, a tort. Negligence can be defined as failure to use the degree of care that a prudent person would have used in similar circumstances. Automobile accidents often involve multiple factors that can cause or contribute to the accident. For instance, a driver's negligence could include driving impaired by alcohol or drugs, speeding, or disregarding traffic signals. Other reasons include distracted driving such as using a cellular phone or trying to put on makeup while driving.

There are situations in which two victims in a car accident would like the same lawyer to represent them. However, it is morally wrong for a single lawyer to represent both a passenger and driver in a personal injury case. Each client has a conflict. This can be avoided by creating separate agreements for each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.