Motor Vehicle Powers of Attorney

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

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

Power of Attorney

Power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can grant a broad or limited set of powers and must be prepared in accordance with the law of the State. It must also be signed and/or notarized the presence of a witness or a notary public. A motor vehicle power-of-attorney gives the agent the authority to perform responsibilities related to vehicles that may include selling a vehicle. You can create an Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. Alternately, you can have someone else do the task for you.

Third parties may not comply with Powers of Attorney. It could be because of many reasons. In some instances refusals can cause harm to the principal. The third party could be held responsible for these damages.

To prevent this from happening to avoid this, the Power of Attorney should include words that state that the agent can't take title to any real estate or property owned by the principal without being explicitly stated in the document. The document should also stipulate that the agent has to submit to an outsider a summary of all transactions and other instances where they act on behalf of the principal.

DMV Hearings

If DMV has a discretionary decision against your driving privilege (such as license suspension due to refusing to take the breath test) you are entitled to have a hearing to challenge the decision. Hearings are held in person or over the telephone, and usually conducted in front of the DMV driver safety hearing officer. At the hearing, DMV begins by presenting all of its evidence against you and any witness testimony it has subpoenaed. You are then able to present your own evidence, including documents, witnesses or even your testimony. You may also present closing arguments to smear DMV and ask questions to the hearing officer.

Achieving the DMV hearing is largely contingent on the specifics of your case, but you are more likely to win if you hire an attorney. An attorney can assist in determining whether there were any mistakes made by the officers during your arrest. For instance they might not have informed you that you would lose your license if declined a breath sample.

While you're not legally required to use a lawyer for a DMV hearing, hiring an NYC DMV attorney can make the process much easier. A lawyer is well-versed regarding the laws governing these types of cases, and will assist you in present your case as efficiently as you possibly can. In addition, they can help you avoid being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of specific criminal or traffic violations and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation will remain in effect until you complete all required steps to get your license back.

Depending on the state where you live there are a variety of reasons that your driver's permit can be suspended. For instance states that have points-based systems, the accumulation of too many points may lead to a license suspension. Additionally, a judge can also ordain your license to be suspended for a traffic conviction. In most cases, a court will allow you to drive with a restricted driving permit during the time of your suspension or cancellation.

In some states, your license can be revoked if been found guilty of certain offenses like DUIs or vehicular manslaughter. Your license may also be revoked if you do not pay back child support, or any other civil debts. You could also lose your license if you are suffering from a medical condition which renders driving a car dangerous.

Your New York lawyer will help you determine the condition of your license and determine the best to proceed. They 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 an important piece of paper that lawyers send to the person they will be suing. This puts the other party on notice that they now have a representative who will speak on their behalf and also permits the attorney to ask for details and documents from that party.

Many motor vehicle accident lawyers vehicle accident lawsuits (weblink) vehicle accident cases are in the tort doctrine of negligence. Negligence is defined as the failure to use the degree of care a prudent person would have used under similar circumstances. Automobile accidents are often caused or contributed to by a variety of factors. For instance, driver's negligence can include driving impaired by alcohol or drugs, speeding or disregarding traffic signals. Driving distracted, like using your mobile phone while driving, or applying makeup, is a separate factor.

There are certain instances where two people injured in a car accident want the same attorney to represent them. However, it is ethically wrong for a single attorney to represent both a passenger and a driver in a personal injury case. Each client is in conflict. This can be avoided by creating distinct agreements between each client. Or, they can hire their own lawyers to file a suit against the driver.