Motor Vehicle Powers of Attorney

There are many parties that are responsible for an accident. In these instances, a jury could award damages to the victim depending on their percentage of negligence.

Although DMV hearings do not involve criminal court, a skilled NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients in these hearings.

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 drafted in accordance with the state's law. It must be signed and notarized in the presence of a witness or a notary public. A motor vehicle power of attorney grants the agent authority to handle vehicle-related responsibilities and may include the ability to sell a car, for example. If you're planning to draft the Power of Attorney yourself you can contact your local Department of motor vehicle accident lawsuits Vehicles or using a legal online website such as eForms or NYLawHelp. You can also ask someone to help you prepare it.

Third parties could refuse to respect Powers Of Attorney. This could be due to many reasons. In some cases refusals can cause harm to the principal. The third party could be held responsible for these damages.

To prevent this from happening it is crucial that the Power of Attorney include language that states that the agent is not able to have title to any real estate or other property owned by the principal, unless specified otherwise in the document. The document should also stipulate that the agent has to submit to an outside party a summary of all transactions, as well as any other matters in which they act on behalf of the principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as license suspension due to refusing to take breath tests) you are entitled to have a hearing to challenge the decision. Hearings can be held in person or by telephone, and are usually conducted by a driver safety hearing officer from DMV. At the hearing, DMV starts by presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. Then you're able to present evidence of affirmative nature (documents or witnesses, or your own testimony), attack DMV's case in closing arguments and ask questions of the hearing officer.

In the end, winning the DMV hearing is dependent on the facts of your case, however you are more likely to win by hiring an attorney. An attorney can assist in determining if any mistakes were made by the officers in your case during your arrest. For example, they may not have informed you that you could lose your license if you did not take a breath test.

Although you are not required to bring an attorney at an DMV hearing having a NYC DMV lawyer can make the process more efficient. A lawyer is well-versed regarding the laws governing these kinds of cases and can help you to present your case as efficiently as is possible. Additionally, they can help to prevent you from being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges in the event that you are accused of certain traffic offenses or legal violations. Usually the suspension or revocation is in effect until you complete all required steps to get your license back.

Based on the state in which you reside there are a variety of reasons that your driver's permit can be suspended. For instance in states that employ points, the accumulation of too many points can result in the suspension of your license. A judge can also take away your license if there is violations of traffic law. In most instances, the court will permit you to drive with a restricted driving permit for the duration of suspension or cancellation.

In some states, your license may be revoked if been found guilty of certain offenses, such as DUIs or vehicular murder. In addition your license may be revoked if you fail to pay back child support or other civil debts. Your license can be suspended if you suffer from a medical issue that makes it unsafe to operate in a vehicle.

Your New York lawyer will help you determine the condition of your license and determine the best to proceed. He or she will explain that in the majority of instances, you are entitled to an appearance before the DMV when your license is being suspended.

Representation

A representation letter is a very important document that an attorney sends to the person they plan to sue. The letter informs the other party 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 based on negligence, a tort. Negligence is defined as a failure to apply the same level of care that a prudent person would have used in similar circumstances. Car accidents typically involve a variety of factors that can cause or contribute to the accident. A driver's fault could be driving under the influence of alcohol or drugs or speeding, or ignoring traffic signs. Other factors include distracted driving such as using a cellular phone or trying to put on makeup while driving.

There are some instances in which two people injured in a car accident need the same attorney to represent them. It is unethical for an attorney to represent a driver as well as an injured person in a personal injury claim. This is due to each client having a conflict of interest. This can be overcome by establishing a separate contract between each client. Alternately, the passengers can hire their own lawyers to file a lawsuit against the driver.