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In many cases, multiple parties share responsibility for an accident. In these situations the jury could distribute the damages awarded to the victim according to their percentage of negligence.
Although DMV hearings do not involve criminal court, an experienced NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients in these hearings.
Power of Attorney
The power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document may grant broad or limited powers, and must be drafted in accordance with state law. It must be signed and/or notarized in the presence of a notary or witness public. A motor vehicle power-of-attorney gives the agent the authority to perform duties related to vehicles, which may include selling a car. You can create an Power of Attorney on your own if you contact your local Department of motor vehicle accidents Vehicles, or you can use a legal website such as eForms.com or NYLawHelp. Or, you could hire someone else to handle it for you.
Third parties could refuse to comply with Powers Of Attorney. It can be due to many reasons. In some cases the refusal causes harm to the Principal, and the third party could be held liable for damages.
To prevent this from happening, to prevent this from happening, the Power of Attorney should include provisions that say that the agent will not be the owner of any real estate or property owned by the principal without being specifically stated in the document. The document should also mention that the agent must report to a third party a summary on all transactions and other issues that they conduct on behalf of their principal.
DMV Hearings
If DMV has a discretionary decision against your right to drive (such as a license suspension for refusing to take an alcohol test) You can request an appeal hearing to contest the decision. Hearings are held in person or via phone, and are usually held before a driver safety hearing officer from DMV. DMV will present all its evidence against the person, including any witnesses it has subpoenaed, at the hearing. Then it's your turn to present evidence that is affirmative (documents and motor vehicle accident law firm witnesses, or your own testimony) and attack the DMV's argument in closing arguments and ask questions to the hearing officer.
It is more likely that you will win in a DMV hearing if you hire an attorney. A lawyer can assist you to determine if the officers who were involved in your case made any mistakes during the arrest, for instance, not clearly advising you that your license could be suspended if it was not possible to take the breath test.
While you are not legally required to use an attorney at a DMV hearing, hiring an NYC DMV attorney will make the process easier. An attorney is knowledgeable about all the laws applicable to these kinds of cases and can assist you to make your case convincingly. They can also help you avoid being unfairly penalized by the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your driving privileges and license when you are found guilty of specific traffic offenses or violations. Typically the suspension or revocation remains in effect until you've completed all necessary steps to obtain your license back.
Your driver's license could be suspended for various reasons, depending on where you reside. In states that require points, for instance, accumulating too many can lead to being suspended. A judge can also suspend your license for violations of traffic law. In the majority of cases, a court will permit you to drive with a restricted driving permit for the duration of suspension or cancellation.
In certain states, your license may be revoked if been convicted of specific crimes, such as DUIs or vehicular murder. Your license could also be revoked when you are unable to pay back child support or other civil debts. Your license may also be revoked if you suffer from a medical issue that renders you unfit to operate a vehicle.
Your New York lawyer can help you determine the condition of your license and the best method to take. He or she will explain to you that in most instances, if your license was suspended, you are entitled to an interview at the DMV.
Representation
A representation letter is an important piece of paper that a lawyer sends to the person they will be suing. This informs the other side that they have a representative who will speak on their behalf. It also allows the lawyer to request information and documents from the other party.
Many motor vehicle accidents are due to negligence, which is a tort. Negligence is defined as a failure to use the degree of care a prudent person would have employed in similar circumstances. Automobile accidents are often caused or influenced by multiple factors. A driver's negligence could include driving while under the influence of drugs or alcohol, speeding, or disregarding traffic warnings. Driving distracted, like using your mobile phone while driving, or applying makeup, is a further reason.
In some cases there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. However, it is ethically unwise for one attorney to represent both the passenger and driver in a personal injury claim. Each client is in conflict. This can be avoided by making separate agreements between each client. In addition, each passenger could hire their own lawyer to start a lawsuit against the driver that caused the issue.
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