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Motor Vehicle Powers of Attorney

Frequently, multiple parties share responsibility for an accident. In these instances, a jury may apportion damages to the injured party in proportion to their share of negligence.

Although DMV hearings do not have to be related to criminal court, a skilled NYC traffic attorney will make a major difference in the outcome of your case. Gannes & Musico LLP has many years of experience representing clients at these hearings.

Power of Attorney

A 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 prepared in accordance with state law. It must also 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 the responsibilities of a vehicle and could include the ability to sell a car, for example. You can create a Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or visit a free legal website like eForms.com or Vimeo.Com NYLawHelp. You can also ask a friend to help you prepare it.

Third parties might not comply with Powers Of Attorney. It can be due to several reasons. In some instances the refusal can cause harm to the Principal, and the third party can be held liable for 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 claim title to any real estate or other property that is owned by the principal unless specified otherwise in the document. The document should also specify that the agent must report to an outsider a summary of all transactions and other matters in which the agent acts on behalf of the principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as suspension of your license for refusing to take an alcohol test) you have the right to a hearing to challenge the decision. Hearings are held in person or by telephone, and usually held in front of an DMV driver safety hearing officer. In the hearing, DMV begins by presenting all of its evidence against you including any witness testimony it has subpoenaed. Then it's your turn to present evidence of affirmative nature (documents, witnesses or your own testimony) to attack DMV's evidence in closing arguments, and ask questions of the hearing officer.

The outcome of the DMV hearing depends largely on the circumstances of your case, however you are more likely to prevail by hiring an attorney. A lawyer can help you to determine if the officers who were involved in your case made mistakes during your arrest, like not indicating clearly that your license would be suspended if you refused to take an alcohol test.

Although you aren't legally required to use a lawyer for a DMV hearing, hiring an NYC DMV attorney will make the process simpler. An attorney will be knowledgeable in the laws surrounding these types of cases, and will help you present your case as effectively as you possibly can. They can also assist you to avoid being unfairly penalized at the DMV.

Suspension of License

If you are found guilty of certain violations of the law, the Department of tempe motor vehicle accident attorney Vehicles may suspend your license and driving privileges. The suspension or suspension of your license is typically remain in effect until you've completed all the necessary steps to get it back.

Your driver's license may be suspended due to a variety of reasons, based on the state in which you reside. For instance states that have points system, the accumulation of too many points can lead to a license suspension. In addition an judge could also require your license to be suspended in the event of a traffic violation. In the majority of cases the court will let you to drive under a restricted driving license during the suspension or revocation.

In certain states, your license can be revoked for certain offenses, such as DUIs and vehicular manslaughter. Additionally, your license can be revoked if you fail to pay back child support or other civil debts. It is also possible to lose your license if are suffering from a medical condition which renders driving a car dangerous.

Your New York lawyer can help you determine the status of your license and the best way to proceed. He or she will explain that in many circumstances, you are entitled to an interview with the DMV when your license is suspended.

Representation

A representation letter is an important piece of paper that a lawyer delivers to the party they will be suing. This puts the other party in the loop that they have a representative that will represent them, and it also allows the attorney to ask for details and documents from that 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 from someone who is prudent in the same circumstances. Car accidents are often caused or influenced through a variety factors. A driver's negligence may include driving under the influence of alcohol or drugs, speeding, or disregarding traffic signs. Other reasons include distracted driving like using a cell phone or attempting to put on makeup while driving.

In certain instances two people who are injured in an accident in a vehicle want the same lawyer to represent them. It is unethical for an attorney to represent the driver and an injured person in a personal injuries claim. Each client has a conflict. This can be avoided by making distinct agreements between each client. Alternately, the passengers can hire their own lawyers to file a suit against the driver.