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Motor Vehicle Powers of Attorney

Often it is the case that multiple parties share responsibility for an accident. In these situations jurors can award damages to the victim depending on their percentage of negligence.

Even though DMV hearings aren't connected to criminal court, an experienced NYC traffic attorney can make a substantial impact on the outcome of your case. Gannes & Musico, LLP has extensive experience in representing clients in these proceedings.

Power of Attorney

A power of attorney is a document that allows the person to authorize someone else to perform acts in his or her name. The document can grant a wide or limited power and must be prepared according to State law. It must also be signed and/or notarized in the presence of a witness or notary public. A motor vehicle power of attorney gives the agent authority to handle vehicle-related responsibilities and may include the power to sell a car for example. If you want to prepare the Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. You can also request someone else to complete the work for you.

Third parties might not honor Powers Of Attorney. It can be due to a number of reasons. In some instances the refusal can cause harm to the Principal and the third party may be held liable for damages.

To avoid this to avoid this, it is essential that the Power of Attorney include language indicating that the agent cannot take title to any real estate or other property that is owned by the principal unless otherwise stated in the document. The document should also specify that the agent must give a third-party an account of any transactions or other matters that they conduct on behalf of their principal.

DMV Hearings

You are entitled to an appeal hearing If DMV decides to take a discretionary action against you (such as refusal to take the breathalyzer test). Hearings are held in person or via telephone, and are usually held before a driver safety hearing officer from DMV. The hearing is conducted by DMV will first present all evidence it has against you including any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, including documents, witnesses or your testimony. You may also present closing arguments to attack DMV and ask questions to the judge.

You are more likely win the DMV hearing if you employ a lawyer. An attorney can help you determine the extent of any errors made by the officers during your arrest. For example they may not have advised you that you could lose your license if you declined a breath sample.

While you're not legally required to use an attorney for the DMV hearing, hiring a NYC DMV attorney can make the process easier. An attorney will be knowledgeable regarding the laws governing these kinds of cases and will assist you in present your case as efficiently as possible. In addition, they can assist you in avoiding being unfairly penalized by the DMV.

License Suspension

If you are accused of certain criminal or traffic offenses, the Department of motor vehicle accident attorneys Vehicles may suspend your license and driving privileges. The suspension or cancellation of your license will normally remain in place until you have completed the necessary steps to get it back.

Your driver's license could be suspended for many reasons, based upon where you reside. For instance states that utilize points, the accumulation of too many points may result in the suspension of your license. A judge can also suspend your license in the event of violations of traffic law. In most instances, the court will allow you to drive on a limited driving permit during the time of your suspension or cancellation.

In some states, your license may be revoked if been found guilty of certain crimes, such as DUIs or vehicular murder. Additionally, your license can be revoked for not paying back child support or other civil debts. Your license could also be revoked if suffer from a medical issue that makes it unsafe to operate a vehicle.

Your New York lawyer will help you determine the state of your license and the best to proceed. They will explain to you that in the majority of cases, if your license is suspended, you are entitled to an interview at the DMV.

Representation

A representation letter is a crucial piece of paper that a lawyer delivers to the person they will be suing. This puts the other party on notice that they have a representative that will speak on their behalf and also allows the attorney to ask for documents and other information from that party.

A large number of motor vehicle accidents are in the tort doctrine of negligence. Negligence is defined as a failure to use the degree of care that a reasonably prudent person would use in similar circumstances. Automobile accidents usually involve multiple factors which may cause or contribute to the accident. For example, a driver's negligence could include driving impaired by alcohol or drugs, speeding or not paying attention to traffic signals. Driving distracted, like using your mobile phone while driving, or applying makeup is a different factor.

There are certain instances in which two people who have been injured in a car accident want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as the other person in a personal injury lawsuit. This is because each client has a conflict of interest. This can be avoided by drafting separate agreements between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.