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motor vehicle accident law firm Vehicle Powers of Attorney

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

Although DMV hearings are not connected to criminal court, an experienced NYC traffic lawyer can make a substantial impact on the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings.

Power of Attorney

Power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document may grant a broad or limited power and must be prepared in accordance with State law. It must also be notarized and signed in the presence of a witness or notary public. A motor vehicle power-of-attorney gives the agent the power to perform duties related to vehicles that may include selling a car. You can make a Power of Attorney on your own if you contact your local Department of Motor Vehicle Accident attorney Vehicles, or visit a free legal website such as eForms.com or NYLawHelp. You can also ask someone to help you prepare it.

Third parties sometimes refuse to accept Powers of Attorney. This can be due to several reasons. In some cases the refusal may cause harm to the Principal, and the third party may be held liable for those damages.

To prevent this from happening, to avoid this, Power of Attorney should include words that state that the agent will not assume title to any real estate or property owned by the principal, unless explicitly stated in the document. The document should also specify that the agent has to submit to an outside party a detailed report of all transactions and any other circumstances in which the agent acts on behalf of the principal.

DMV Hearings

If DMV or other agency makes a decision that is discretionary against your right to drive (such as suspension of your license for refusing to take a breath test), you are entitled to have a hearing to challenge the decision. Hearings are held in person or via the telephone, and usually conducted by the DMV driver safety hearing officer. In the hearing, DMV starts by presenting all evidence it has against you and any witness testimony it has subpoenaed. Then 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 a DMV hearing is contingent upon the circumstances of your case, however you are more likely to prevail by hiring an attorney. A lawyer can assist you to determine if the police officers involved in your case made any mistakes during your arrest, like not indicating clearly that your license will be suspended if you refuse to take a breath test.

While you're not required to have an attorney present at a DMV hearing under the law hiring a NYC DMV lawyer can make the process easier. A lawyer is well-versed regarding the laws governing these types of cases, and will help you present your case as efficiently as you can. They can also help you avoid being unfairly penalized at the DMV.

License Suspension

If you are found guilty of a specific criminal or traffic violations or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will usually remain in place until you've completed the required steps to get it back.

Your driver's licence can be suspended for a variety of reasons, based on the state in which you reside. States that use points, for example the accumulation of too many points can cause a suspension. A judge can also suspend your license in the event of an offense in traffic. In most instances, courts will permit you to drive with a limited driving permit during the period of your suspension or suspension or revocation.

In certain states, your license may be suspended for certain crimes, including DUIs and vehicular manslaughter. Additionally, your license can be suspended if you have not paid back child support or other civil debts. You may also lose your license if suffer from a medical condition that can make driving a car unsafe.

Your New York lawyer can help you determine the validity of your license and the best way to proceed. The lawyer will explain that in most circumstances, you are entitled to an appearance before the DMV in the event of your license being suspended.

Representation

A representation letter is a very important document that an attorney must send to the person they intend to sue. This puts the other party in the loop that they now have a representative who will represent them and also permits the attorney to ask for details and documents from that party.

A large number of motor vehicle accidents are based on the tort concept of negligence. Negligence is defined as a inability to exercise the level of care that would be expected of a person who is reasonably prudent in similar circumstances. Automobile accidents often involve multiple factors that could cause or contribute to the incident. A driver's fault could be driving while under the influence of alcohol or drugs or speeding, or ignoring traffic warnings. Other reasons include distracted driving such as using a cellular phone or trying to put on makeup while driving.

There are instances where two people injured in a car accident need the same lawyer to represent them. However, it's morally wrong for a single lawyer to represent both the passenger and driver in a personal injury lawsuit. Each client is in conflict. This is avoided by drafting separate agreements between the clients. Alternately, the passengers can hire their own lawyers to file a lawsuit against the driver.