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motor vehicle accident Vehicle Powers of Attorney

In many cases it is the case that multiple parties share responsibility for an accident. In these situations the jury may award damages to the victim in proportion to their percentage of negligence.

Although DMV hearings are not criminal court-related, an experienced NYC traffic attorney can make a significant impact on the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.

Power of Attorney

The power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document can grant a broad or limited set of powers and must be prepared in accordance with the law of the State. It must be signed and/or notarized the presence of a witness or notary public. A motor vehicle power of attorney gives an agent the power to handle auto-related duties and may include the power to sell a car, for example. If you want to prepare a Power of Attorney yourself take a look at contacting your local Department of motor vehicle accident lawyers Vehicles or using a legal online website such as eForms or NYLawHelp. You can also ask a friend to do it.

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

To prevent this from happening it is essential that the Power of Attorney include language indicating that the agent cannot have title to any real estate or other property that is owned by the principal unless otherwise stated in the document. The document should also state that the agent is required to give a third-party the details of any transactions or other matters that they perform on behalf of their principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as suspension of your license for refusing to take the breath test), you are entitled to an appeal hearing to contest the decision. These hearings are conducted either in person or by telephone, and are usually held before a driver safety hearing officer from DMV. DMV provides all evidence against the person, including any witnesses it has subpoenaed, during the hearing. It's your turn to present evidence that is affirmative (documents, witnesses or your own testimony) to attack DMV's evidence in closing arguments and ask questions to the hearing officer.

Winning the DMV hearing is contingent upon the specifics of your case, but you are more likely to prevail when you have an attorney. A lawyer can assist you to determine if the police officers involved in your case made any mistakes during the arrest, for instance, not clearly advising you that your driver's license could be suspended if you did not take an alcohol test.

Although you aren't required to have an attorney at a DMV hearing under the law, hiring a NYC DMV lawyer can help make the process simpler. A lawyer is well-versed in the laws that apply to these cases and will help you present your case effectively. They can also assist you to avoid being unfairly penalized at the DMV.

License Suspension

If you are found guilty of a specific criminal or traffic offenses and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. Usually, the suspension or revocation remains in effect until you complete all the steps required to get your license back.

Depending on the state where you live, there are many different reasons why your driver's license could be suspended. In states that require points, for instance excessive accumulation of points could lead to the suspension. Additionally to that, a judge may decide to have your license suspended if you are convicted of a traffic crime. In most cases, a court will allow you to drive with a limited driving permit during the time of your suspension or revocation.

In some states your license could be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license can also be revoked if you don't pay child support, or any other civil debts. You could also lose your license if you suffer from a medical issue that renders driving a car dangerous.

Your New York lawyer will help you to determine the status of your license and how best to proceed. He or she will explain that in the majority of cases, you're entitled to a hearing before the DMV if your license is 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 represent them. It also permits the lawyer to request documents and information from the other party.

Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence is defined as a inability to exercise the standard of care expected of someone who is reasonably prudent in the same circumstances. Accidents in the automobile are usually caused or contributed to by a variety of factors. A driver's negligence could include driving under the influence of drugs or alcohol speeding, or not paying attention to traffic warnings. Other factors include distracted driving like using a cell phone or trying to put on makeup while driving.

There are some instances where two victims in a car crash want the same lawyer to represent them. It is unethical for an attorney to represent the driver and a passenger in a personal injury lawsuit. This is due to each client having a conflict of interests. This can be overcome by creating a separate contract between each client. Alternately, each client can hire their own lawyer to start a lawsuit against the driver who was at fault.