Motor Vehicle Powers of Attorney

In most cases there are multiple parties who share the blame for an accident. In these instances, a juror may award damages to the injured party according to their percentage of negligence.

While DMV hearings aren't criminal court-related, an experienced NYC traffic attorney will make a major impact on the outcome of your case. Gannes & Musico, LLP has years of experience representing clients in these proceedings.

Power of Attorney

A 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 confer broad or limited powers and must be drafted in accordance with state 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 the power to perform responsibilities related to vehicles, which may include selling a vehicle. If you're planning to draft a Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. Alternately, you can ask someone else to do it for you.

Third parties may not accept Powers of Attorney. This could be due to several reasons. In some instances the refusal causes harm to the Principal, and the third party could be held accountable for the damages.

To prevent this from happening to avoid this, the Power of Attorney should include provisions that say that the agent can't be the owner of any property or real estate owned by the principal, unless explicitly stated in the document. The document should also specify that the agent must report to a third party the details of all transactions and other issues in which they act on behalf of their principal.

DMV Hearings

You have the right to appeal a decision in the event that DMV or other agency decides to take discretionary action against you (such as refusal to take breathalyzer testing). These hearings can be conducted in person or by telephone, and are generally held in front of an DMV driver safety hearing officer. DMV will present all its evidence against the person, including any witnesses it has subpoenaed, at the hearing. It's your turn to provide evidence in support of your claim (documents, motor vehicle accident witnesses or your own testimony), attack DMV's case in closing arguments, and ask questions to the hearing officer.

Achieving a DMV hearing is dependent on the circumstances of your case, but you are more likely to win when you have an attorney. An attorney can help you determine if any mistakes were made by the police officers during your arrest. For instance they may not have warned you that you would lose your license if refused to take a breath test.

While you're not legally required to employ an attorney at an DMV hearing, hiring an NYC DMV attorney can make the process much simpler. An attorney is knowledgeable about all the laws applicable to these cases and can help present your case in a professional manner. In addition, they can assist in preventing you from being unfairly penalized by the DMV.

License Suspension

The Department of motor vehicle accident law firms Vehicles can suspend your license and driving privileges in the event that you are found to be guilty of certain traffic offenses or violations. Typically, the suspension or revocation is in effect until you have completed all the steps required to get your license reinstated.

Your driver's license can be suspended for a variety of reasons, based on the state in which you live. States that use points, for instance having too many points could cause the suspension. A judge can also detain your license for traffic violations. In most instances, the court will allow you to drive with restricted driving permits during your suspension or motor vehicle accident revocation.

In some states, your license can be revoked if you have been convicted of specific crimes, such as DUIs or vehicular murder. Your license could be suspended if you do not pay back child support or other civil debts. It is also possible to lose your license if you are suffering from a medical condition that renders driving a car dangerous.

Your New York lawyer will help you determine the condition of your license and the best to proceed. The lawyer will explain that in many cases, you have the right to a hearing before the DMV in the event that your license is being suspended.

Representation

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

Many motor vehicle accident cases are built on the tort principle of negligence. Negligence is defined by a inability to exercise the level of care that would be expected of someone who is prudent in similar circumstances. Automobile accidents usually involve multiple factors that can cause or contribute to the accident. For instance, a driver's negligence can include driving when impaired by alcohol or drugs, or speeding or disregarding traffic signals. Other reasons include distracted driving such as using a mobile phone or trying to apply makeup while driving.

There are certain instances where two people who have been injured in a car accident would like the same lawyer to represent them. It is, however, ethically unwise for one attorney to represent both a driver and passengers in a personal injury case. Each client has a conflict. This can be avoided by drafting separate agreements between the clients. Alternatively, passengers can hire their own lawyers to file a suit against the driver.