Motor Vehicle Powers of Attorney

Frequently when multiple parties are responsible for an accident. In these cases, a jury could award damages to the injured party depending on their percentage of negligence.

Even though DMV hearings do not involve criminal court, a skilled NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has years of experience representing clients in these proceedings.

Power of Attorney

A power of attorney is a document that allows the person to authorize someone else to act in their name. The document can grant a wide or limited set of powers and must be drafted according to State law. The document must be signed by the signer or notarized by a notary or witness. A motor Vehicle accident lawsuits vehicle power of attorney grants the agent the authority to take care of the responsibilities of a vehicle and could include the ability to sell a car, for instance. You can prepare a Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or go to a legal website like eForms.com or NYLawHelp. You can also have someone else do the task for you.

Third parties can refuse to respect Powers of Attorney. This could be due to many reasons. In some cases, the refusal causes harm to the Principal, and the third party can be held responsible for the damages.

To avoid this, it is important that the Power of Attorney include language which states that the agent will not have title to any real property or other asset owned by the principal, unless otherwise stated in the document. The document should also state that the agent submits to an outside party a summary of all transactions and any other instances where the agent acts on behalf of the principal.

DMV Hearings

You have the right to appeal a decision when DMV makes a decision that is discretionary against you (such as an eviction of your license for refusing breathalyzer tests). Hearings are held in person or over the telephone, and are usually held before a safety driver hearing officer from DMV. The hearing is conducted by DMV will first present all evidence it has against you and any witness testimony it has subpoenaed. Then, you get to provide evidence in support of your claim (documents or witnesses, or your own testimony) challenge the case of DMV in closing arguments and ask questions to the hearing officer.

Winning the DMV hearing is contingent upon the circumstances of your case, but you are more likely to win when you have an attorney. A lawyer can help to determine if the officers who were involved in your case committed any errors during your arrest, such as not clearly informing you that your driver's license could be suspended if it was not possible to take an breath test.

Although you aren't legally required to hire an attorney at an DMV hearing, hiring a NYC DMV attorney can make the process simpler. A lawyer is well-versed in the laws surrounding these types of cases, and can assist you to present your case as effectively as you can. Additionally, they will assist in preventing you from being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of certain criminal or traffic offenses or Motor vehicle accident lawsuits other violations, the Department of Motor Vehicles may suspend your license and driving privileges. Usually, the suspension or revocation remains in effect until you've completed all steps necessary to obtain your license reinstated.

Your driver's license can be suspended due to a variety of reasons, based on the state in which you live. For instance states that utilize points-based systems, the accumulation of too many points may lead to the suspension of your license. A judge can also take away your license if there is a traffic violation. In the majority of cases the court will let you to drive with a restricted driving license during the suspension or the revocation.

In certain states, your driver's license can be revoked if been found guilty of certain crimes like DUIs or vehicular manslaughter. In addition your license could be suspended if you have not paid back child support or other civil debts. You may also lose your license if suffer from a medical issue that makes driving a car unsafe.

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 an appearance before the DMV if your license is being suspended.

Representation

A representation letter is a very important document that an attorney sends to the person they intend to sue. This puts the other party on notice that they have a representative that will represent them, and it also allows the lawyer to request documents and other information from that party.

Many motor vehicle accidents vehicle accident cases are founded on the tort theory of negligence. Negligence can be defined as failure to use the degree of care that a prudent person would have employed in the same circumstances. Accidents in the automobile are usually caused or influenced by multiple factors. A driver's negligence could include driving under the influence of drugs or alcohol or speeding, or ignoring traffic warnings. Driving distracted, for example, using your cell phone while driving, or applying makeup, is another factor.

There are instances in which two people who have been injured in a car accident would like the same lawyer to represent them. But, it is morally wrong for a single lawyer to represent both the driver and passengers in a personal injury claim. This is due to each client having an interest conflict. This can be avoided by drafting separate agreements between each client. Alternately, each client can hire their own lawyer to start a lawsuit against the adverse driver.