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Motor Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these instances, a jury may apportion the damages awarded to the injured party by determining their percentage of negligence.

Although DMV hearings do not have to be criminal court-related, an experienced NYC traffic attorney can make a significant 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 an individual to authorize another to perform acts in his or her name. The document can confer broad or limited powers, and must be prepared according to the laws of the state. The document must be signed by the signer or notarized by a notary public or witness. A motor vehicle accident law firm vehicle power of attorney grants the agent the power to perform duties related to vehicles that could include selling a vehicle. If you're interested in preparing a Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. Alternately, you can request someone else to complete the task for you.

Third parties may not comply with Powers of Attorney. It could be because of many reasons. In some instances the refusal can cause harm to the Principal and the third party can be held accountable for the damages.

To avoid this, to prevent this from happening, the Power of Attorney should include provisions that say that the agent cannot be the owner of any property or real estate owned by the principal unless explicitly specified in the document. The document should also stipulate that the agent is required to provide a third party with a summary on all transactions and other issues that they conduct on behalf of their principal.

DMV Hearings

You have the right to an appeal hearing when DMV makes a decision that is discretionary against you (such as the suspension of your license for refusing to take a breathalyzer). These hearings are conducted either in person or via phone, and are usually held in front of a driver safety hearing officer from DMV. DMV will present all its evidence against the person, including witnesses it has subpoenaed at the hearing. You are then able to present your own evidence, including witnesses, documents, or your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the judge.

The outcome of an DMV hearing is contingent upon the circumstances of your case, however you are more likely to prevail by hiring an attorney. A lawyer can help determine if any mistakes were made by the police during your arrest. For instance, they may not have informed you that you would lose your license if you refused a breath test.

Although you are not legally required to have an attorney present at the time of a DMV hearing under the law, hiring a NYC DMV lawyer can help make the process simpler. An attorney is knowledgeable about all 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

The Department of Motor Vehicles can suspend your driving privileges and license when you are found guilty of certain traffic offenses or violations. Typically the suspension or revocation will remain in effect until you have completed all necessary steps to obtain your license back.

The state in which you reside there are a variety of reasons why your driver's license can be suspended. In states that use points, for example, accumulating too many can lead to being suspended. Additionally to that, a judge may order your license to be suspended if you are convicted of a traffic crime. In the majority of instances, a judge will permit you to drive using a restricted driving permit during the period of suspension or suspension or revocation.

In some states, your license may be revoked if you have been found guilty of certain offenses like DUIs or vehicular murder. The license can also be revoked when you fail to pay back child support, or any other civil debts. Your license can be suspended if you have a medical condition that makes it unsafe to operate in a vehicle.

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

Representation

A representation letter is a very important document that attorneys send to the person they want to sue. The letter informs the other party that they have a representative who will speak on their behalf. It also allows the lawyer to request information and documents from the other party.

A large number of Motor vehicle accident law firm vehicle accidents are founded on the tort theory of negligence. Negligence is defined as lack of using the level of care that a prudent person would use in the same circumstances. Accidents in the automobile are usually caused or contributed to by a variety of factors. A driver's negligence may include driving under the influence of drugs or alcohol or speeding, or ignoring traffic signs. Distracted driving, such as using your cell phone while driving, or applying makeup is a different reason.

In some instances, two people injured in an accident in a vehicle would like the same lawyer to represent them. However, it is ethically improper for one attorney to represent both a passenger and a driver in a personal-injury claim. This is because each client has conflicts of interest. This can be avoided by making separate agreements between the clients. In addition, passengers can employ their own lawyers to file a suit against the driver.