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Motor Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these instances the jury may award damages to the victim according to their percentage of negligence.

Even though DMV hearings don't involve criminal court, a skilled NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients at these hearings.

Power of Attorney

A power of attorney is a document that allows the person to authorize someone else to perform actions in his or her name. The document can grant broad or limited powers and must be drafted in accordance to state law. It must be signed and notarized in the presence of a notary or witness public. A motor vehicle power of attorney gives an agent the power to handle the responsibilities of a vehicle and could include the power to sell a car, for example. If you're looking to create an Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. You could also ask someone to prepare it.

Third parties are sometimes unable to respect Powers of Attorney. This could be due to a variety of reasons. In some cases the refusal may cause harm to the Principal, and the third party can be held liable for damages.

To avoid this it is essential to ensure that the Power of Attorney include language that states that the agent is not able to take title to any real property or other asset owned by the principal, unless explicitly stated in the document. The document should also specify that the agent submits to an outside party a detailed report of all transactions and any other circumstances in which they act on behalf of the principal.

DMV Hearings

You are entitled to appeal a decision if DMV makes a decision that is discretionary against you (such as a license suspension for refusing breathalyzer tests). Hearings can be held in person or via telephone, and are usually conducted by a driver safety hearing officer from DMV. The hearing is conducted by DMV goes first, presenting all evidence it has against you and any witness testimony it has subpoenaed. Then, you get to present evidence of affirmative nature (documents or witnesses, or even your own testimony) and attack the DMV's argument in closing arguments, and ask questions of the hearing officer.

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

Although you aren't legally required to use a lawyer for the DMV hearing, hiring a NYC DMV attorney will make the process simpler. An attorney is knowledgeable about the laws that apply to these cases and Motor vehicle Accidents can help effectively present your case. They can also help you avoid being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of specific violations of the law, the Department of motor vehicle accident law firm Vehicles may suspend your license and driving privileges. The suspension or cancellation of your license will generally remain in effect until you've completed all the required steps to get it back.

Your driver's license can be suspended for a variety of reasons, based on where you live. In states that use points, for instance having too many points could result in a suspension. A judge can also take away your license in the event of traffic violations. In most cases the court will let you to drive with a restricted driving license during the suspension or the revocation.

In some states your license could be revoked for certain offenses, such as DUIs and vehicular manslaughter. Your license could be revoked if are unable to pay back child support, or any other civil debts. Your license could also be revoked if suffer from a medical condition which makes it unsafe to operate the vehicle.

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 many cases, you have the right to an appearance before the DMV when your license is being suspended.

Representation

A representation letter is a very important document that attorneys send to the person they want to sue. It 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.

A large number of motor vehicle accidents (helpful site) are based on the tort concept of negligence. Negligence is defined by a inability to exercise the standard of care that would be expected of a person who is reasonably prudent in similar circumstances. Car accidents are often caused or contributed to by multiple factors. The negligence of a driver could be driving while under the influence of drugs or alcohol, speeding, or disregarding traffic warnings. Distracted driving, such as using your cell phone while driving, or applying makeup, is a separate aspect.

There are certain instances where two people injured in a car accident want the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as an individual in a personal injury lawsuit. Each client has a conflict. This can be avoided by creating separate agreements between each client. Or, they can hire their own lawyers to file a suit against the driver.