Motor Vehicle Powers of Attorney

In most cases there are multiple parties who share the blame for an accident. In these instances the jury may decide to distribute damages to the victim in proportion to their share of negligence.

Although DMV hearings do not require criminal court, a knowledgeable NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has years of experience representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that allows the person to authorise another to perform actions in his or her name. The document may confer broad or limited powers, and must be drafted according to the laws of the state. It must also be signed and/or notarized the presence of a witness or a notary public. A motor vehicle power of attorney grants the agent authority to handle car-related obligations and could also include the ability to sell a car for instance. You can make an Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. You can also ask a friend to help you prepare it.

Third parties are sometimes unable to comply with Powers of Attorney. This could be due to a variety of reasons. In certain situations refusals can cause harm to the principal. The third party could be held accountable for the damages.

To prevent this from happening it is crucial that the Power of Attorney include language indicating that the agent cannot take title to any real property or other asset owned by the principal, unless otherwise stated in the document. The document should also specify that the agent is required to provide a third party with a summary on any transactions or other matters that they conduct on behalf of their principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as suspension of your license for refusing to take a breath test) you are entitled to have a hearing to challenge the decision. Hearings can be held in person or over the telephone, and are usually held before a DMV driver safety hearing officer. DMV provides all evidence against the person, including witnesses it has subpoenaed during the hearing. Then it's your turn to present affirmative evidence (documents or witnesses, or even your own testimony), attack DMV's case in closing arguments and ask questions to the hearing officer.

You are more likely to win the DMV hearing if you engage a lawyer. An attorney can assist in determining whether there were any mistakes made by the police officers during your arrest. For instance, they may not have advised you that you could lose your license if you refused to take a breath test.

While you're not required to bring an attorney present at an DMV hearing by law, hiring a NYC DMV lawyer can make the process more efficient. A lawyer is well-versed in all the laws applicable to these cases and can assist you to present your case effectively. They can also assist you to avoid being unfairly penalized by the DMV.

License Suspension

If you are accused of certain criminal or traffic offenses and are found guilty, the Department of brighton motor vehicle accident lawyer Vehicles may suspend your license and driving privileges. Usually the suspension or revocation remains in effect until you complete all necessary steps to obtain your license back.

Your driver's license could be suspended for many reasons, depending on where you reside. States that use points, for example excessive accumulation of points could cause being suspended. Additionally, a judge can also decide to have your license suspended for a traffic conviction. In most cases, the court will allow you drive with an restricted driving permit during your suspension or revocation.

In some states your license may be suspended for certain offenses, such as DUIs and vehicular manslaughter. Your license could be revoked if do not pay back child support or other civil debts. You can also lose your license if are suffering with a medical condition that makes driving a car unsafe.

Your New York lawyer can help you determine the validity of your license and the best way to proceed. They will explain to you that in most instances, if your license has been suspended, then you have the right to an hearing at the DMV.

Representation

A representation letter is a crucial piece of paper that lawyers send to the party they will be suing. This puts the other party on notice that they now have a representative who will speak on their behalf and also permits the lawyer to request documents and information from the party.

Many motor vehicle accident cases are based on the tort concept of negligence. Negligence is defined as a failure to exercise the level of care expected from someone who is prudent in the same circumstances. Accidents in the automobile are usually caused or influenced by a variety of causes. A driver's negligence may include driving while under the influence of alcohol or drugs, speeding, or disregarding traffic warnings. Other reasons include distracted driving like using a cell phone or attempting to apply makeup while driving.

There are some instances in which two people who have been injured in a car crash want the same attorney to represent them. It is, however, ethically unwise for one attorney to represent both the passenger and a driver in a personal injury lawsuit. Each client has a conflict. This can be overcome by creating a separate agreement between each client. Or, each person can hire their own lawyer to file a lawsuit against the driver that caused the issue.