Motor Vehicle Powers of Attorney

A number of parties are often at fault for the accident. In such cases the jury can distribute the damages awarded to the victim based on their percentage of negligence.

Although DMV hearings do not have to be associated with criminal court, a seasoned NYC traffic lawyer can make a substantial difference in the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these proceedings.

Power of Attorney

A power of attorney is a document that permits a person to authorize another to perform actions in his or her name. The document may confer broad or limited powers, and must be prepared in accordance with state law. The document must be signed or notarized by a notary public or a witness. A motor vehicle accident attorneys vehicle power of attorney grants the agent the authority to manage auto-related duties and may include the power to sell a vehicle, for instance. You can prepare the Power of Attorney by yourself by contacting your local Department of Motor Vehicle accident lawsuits Vehicles, or you can use a legal site like eForms.com or NYLawHelp. Alternately, you can hire someone else to handle the work for you.

Third parties could refuse to honor Powers Of Attorney. This can be for various reasons. In some instances, a refusal can cause harm to the Principal. The third party could be held accountable for damages.

To avoid this, to prevent this from happening, the Power of Attorney should include words that state that the agent will not be the owner of any property or real estate owned by the principal, unless specifically stated in the document. The document should also specify that the agent is required to give a third-party an overview of every transaction and other matter that they perform on behalf of their principal.

DMV Hearings

If DMV or other agency makes a decision that is discretionary against your driving privilege (such as license suspension for refusing to take an alcohol test) you can request be heard to challenge the decision. Hearings are held in-person or over the telephone, and are usually held before a safety driver hearing officer from DMV. DMV presents all its evidence against the person, including any witnesses it has subpoenaed at the hearing. It's your turn to present evidence of affirmative nature (documents, witnesses or your own testimony) challenge the case of DMV in closing arguments and ask questions of the hearing officer.

Winning a DMV hearing is dependent on the circumstances of your case, but you are more likely to prevail when you have an attorney. A lawyer can help you to determine if the officers who were involved in your case made any mistakes during your arrest, for instance, not indicating clearly that your driver's license could be suspended if it was not possible to take an breath test.

While you're not legally required to have a lawyer for a DMV hearing, hiring an NYC DMV attorney can make the process easier. A lawyer is well-versed in the laws that apply to these cases and can assist you to effectively present your case. They can also assist you to avoid being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of a specific criminal or traffic violations, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation remains in effect until you've completed all steps necessary to obtain your license back.

Based on the state in which you live there are a variety of reasons why your driver's license could be suspended. For instance states that have points-based systems, the accumulation of too many points could lead to a license suspension. In addition the judge may also ordain your license to be suspended if you are convicted of a traffic crime. In most cases, a court will permit you to drive using a restricted driving license during the period of suspension or revocation.

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

Your New York lawyer will help you determine the status of your license and the best to proceed. The lawyer will explain to you that in the majority of cases, if your license is suspended, you are entitled to an appointment with the DMV.

Representation

A representation letter is a very important document that an attorney must send to the person they want to sue. 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 accident attorney vehicle accident claims are result of negligence, a tort. Negligence is defined by a failure to exercise the degree of care that would be expected of someone who is reasonably prudent in the same circumstances. Accidents involving cars are usually caused or contributed to by multiple factors. A driver's negligence could include driving under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic warnings. Other causes include driving distracted, such as using a cellular phone or trying to apply makeup while driving.

In certain cases there are instances where two victims of an accident in a vehicle want the same lawyer to represent them. It is not ethical for an attorney to represent the driver and an individual in a personal injury case. Each client has a conflict. This can be overcome by creating a separate contract between each client. In addition, each passenger could hire their own lawyer to start a lawsuit against the driver that caused the issue.