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motor vehicle accidents Vehicle Powers of Attorney

Many parties are usually responsible for an accident. In these situations the jury may award damages to the victim according to their percentage negligence.

Even though DMV hearings aren't connected to criminal court, an experienced NYC traffic lawyer 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

Power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may grant broad or limited powers, and must be drafted according to the laws of the state. The document must be signed by the signer or notarized by a notary or a witness. A motor Vehicle accident attorney vehicle power-of-attorney grants the agent the authority to perform responsibilities related to vehicles including selling a vehicle. If you're planning to draft an Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a free online legal website such as eForms or NYLawHelp. You can also request someone else to complete the task for you.

Third parties can refuse to comply with Powers Of Attorney. This could be due to different reasons. In some cases the refusal can cause harm to the Principal, and the third party may be held accountable for the damages.

To avoid this, the Power of Attorney should include provisions that say that the agent cannot assume title to any real estate or property owned by the principal without being specifically stated in the document. The document should also state that the agent is required to give a third-party an account of all transactions and other issues that they handle on behalf of their principal.

DMV Hearings

You are entitled to appeal a decision If DMV orders discretionary action against you (such as a license suspension for refusing the breathalyzer test). These hearings are conducted either in person or via phone, and usually held before a driver safety hearing officer from DMV. DMV presents all its evidence against the person, including any witnesses it has subpoenaed during the hearing. Then it's your turn to present evidence that is affirmative (documents, witnesses or your own testimony) and attack the DMV's argument in closing arguments, and ask questions of the hearing officer.

Winning a DMV hearing depends largely on the circumstances of your case, but you are more likely to win if you hire an attorney. An attorney can assist in determining whether any mistakes were made by the police during your arrest. For example they might not have informed you that you could lose your license if you declined a breath sample.

While you aren't legally required to have an attorney at an DMV hearing under the law having a NYC DMV lawyer can make the process more efficient. An attorney is knowledgeable about the laws that apply to these kinds of cases and can help present your case in a professional manner. Additionally, they can assist you in avoiding being unfairly penalized by the DMV.

License Suspension

If you are accused of certain violations of the law, the Department of Motor Vehicles may suspend your license and driving privileges. Typically the suspension or revocation remains in effect until you have completed all the steps required to get your license back.

Your driver's license can be suspended for various reasons, based upon where you reside. States that use points, for example excessive accumulation of points could result in the suspension. A judge can also suspend your license due to violations of traffic law. In most cases the court will let you to drive under a restricted driving permit during your suspension or the revocation.

In some states, your license can be revoked if you have been found guilty of certain crimes like DUIs or vehicular murder. Your license may be revoked if do not pay back child support or other civil debts. Your license can also be revoked if you have a medical condition that makes it unsafe to operate the vehicle.

Your New York lawyer can help you determine the status of your license and the best method to take. He or she will explain that in many instances, you are entitled to an interview with the DMV if your license is being suspended.

Representation

A representation letter is an important document that an attorney sends to the person they plan to sue. This puts the other party on notice that they now have a representative who will speak on their behalf, and it also allows the lawyer to request details and documents from that party.

Many motor vehicle accident claims are caused by negligence, which is a tort. Negligence is defined as the failure to use the degree of care that a prudent person would have applied in the same circumstances. Automobile accidents often involve multiple factors that can cause or contribute to the accident. For example, a driver's negligence could include driving while impaired by alcohol or drugs, speeding or not paying attention to traffic signals. Distracted driving, like using your cell phone while driving or applying makeup, is a separate factor.

In some cases when two people are injured in an accident with a vehicle need the same lawyer to represent them. It is, however, ethically wrong for a single attorney to represent both the passenger and a driver in a personal injury case. Each client is in conflict. This can be avoided by creating separate agreements for each client. Alternately, each client can hire his or her own lawyer to make a claim against the driver who was at fault.