Motor Vehicle Powers of Attorney

Multiple parties are often responsible for an accident. In such situations the jury can distribute the award of damages to the victim based on their percentage of negligence.

Although DMV hearings are not connected to criminal court, an experienced 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 a document that allows the person to authorize someone else to perform actions in his or her name. The document can confer broad or limited powers, and must be drafted in accordance with state law. The document must be signed or notarized in front of a notary public or witness. A motor vehicle accident attorneys vehicle power-of-attorney grants the agent the power to perform duties relating to the vehicle that may include selling a vehicle. If you're looking to create the Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a free online legal website such as eForms or NYLawHelp. You can also ask a friend to assist you.

Third parties can refuse to honor Powers of Attorney. This could be due to many reasons. In certain situations the refusal could cause harm to the principal. The third party may be held accountable for these damages.

To avoid this, it is important that the Power of Attorney include language indicating that the agent cannot have title to any real property or other asset that is owned by the principal unless otherwise stated in the document. The document should also stipulate that the agent is required to submit to a third party an account of all transactions and other matters that they handle on behalf of their principal.

DMV Hearings

You have the right to appeal a decision in the event that DMV makes a decision that is discretionary against you (such as the suspension of your license for refusing to take breathalyzer testing). These hearings can be conducted in person or by phone, and are usually conducted by a driver safety hearing officer from DMV. DMV provides all evidence against the person, including any witnesses it has subpoenaed, during the hearing. Then, you can present affirmative evidence, including witnesses, documents, or your testimony. You can also make closing arguments to attack DMV and ask questions to the hearing official.

Achieving an DMV hearing depends largely on 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 errors during your arrest, such as not clearly informing you that your license could be suspended if you refused to take the breath test.

Although you aren't legally required to use an attorney at an DMV hearing, hiring a NYC DMV attorney will make the process easier. An attorney is knowledgeable about all the laws that apply to these kinds of cases and can help you effectively present your case. Additionally, they can assist in preventing you from being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges in the event that you are found guilty of specific traffic violations or other legal violations. The suspension or the revocation of your license will typically remain in effect until you've completed the necessary steps to obtain it back.

Depending on the state where you reside, there are many different reasons your driver's licence can be suspended. For instance states that have a point system, accumulation of too many points may result in an automatic suspension of your license. A judge can also suspend your license in the event of violations of traffic law. In the majority of cases, the court will allow you to drive on a restricted driving license during the suspension or the revocation.

In some states your license may be revoked in certain cases, such as DUIs and vehicular manslaughter. In addition your license could be revoked if you fail to pay 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 will help you determine the status of your license and the best to proceed. He or she will explain to you that in the majority of cases, if your license has been suspended, you are entitled to an interview at the DMV.

Representation

A representation letter is an important piece of paper that lawyers must send to the person they'll be suing. This puts the other party on notice that they now have a representative who will represent them and also permits the attorney to ask for documents and information from the party.

A large number of motor vehicle accidents are based on the tort concept of negligence. Negligence is defined by a inability to exercise the standard of care expected of a person who is reasonably prudent in the same circumstances. Automobile accidents usually involve multiple elements that could lead to or contribute to the incident. For instance, a driver's negligence could include driving while impaired by alcohol or drugs, speeding up or disregarding traffic signals. Other factors include distracted driving such as using a cellular phone or attempting to put on makeup while driving.

In certain cases, two people injured in an accident in a car want the same lawyer to represent them. It is, however, ethically improper for one attorney to represent both a driver and passengers in a personal-injury claim. This is because each client has a conflict of interest. This can be resolved by creating a separate agreement between each client. Or, each person can hire their own lawyer to file a lawsuit against the driver that caused the issue.