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Many parties are usually responsible for the accident. In these instances the jury may award damages to the injured party according to their percentage negligence.
Although DMV hearings do not have to be related to criminal court, a skilled NYC traffic attorney can make a significant impact on the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings.
Power of Attorney
A power of attorney is a document that permits the person to authorize someone else to act in his or her name. The document may confer broad or limited powers, and must be drafted according to the laws of the state. It must be notarized and distinctpress.com signed in the presence of a notary or witness public. A motor vehicle power of attorney gives an agent the power to handle auto-related duties and may include the ability to sell a car, for instance. You can create the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. Or, you could ask someone else to do the task for you.
Third parties may refuse to accept Powers Of Attorney. This could be due to different reasons. In some instances the refusal can cause harm to the Principal, and the third party may be held accountable for the damages.
To prevent this from happening it is crucial that the Power of Attorney include language indicating that the agent cannot have title to any real property or other asset owned by the principal, unless otherwise stated in the document. The document should also mention that the agent must report to a third party an account of all transactions and other matters that they conduct on behalf of their principal.
DMV Hearings
If DMV orders a discretionary action against your right to drive (such as license suspension for refusing to take breath tests) You are entitled to have a hearing to challenge the decision. Hearings can be held in person or via the phone, and are typically conducted by the DMV driver safety hearing officer. In the hearing, DMV goes first, presenting all evidence it has against you, including any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, such as witnesses, documents or your testimony. You may also present closing arguments to attack DMV and ask questions to the hearing officer.
In the end, winning an DMV hearing is largely contingent on the specifics of your case, but you are more likely to prevail by hiring an attorney. A lawyer can help you to determine if the police officers who were involved in your case committed any mistakes during your arrest, like not letting you know that your license will be suspended if it was not possible to take the breath test.
Although you aren't legally required to use an attorney present at an DMV hearing by law however, hiring a NYC DMV lawyer can make the process more efficient. An attorney will be knowledgeable in the laws that govern these kinds of cases, and will help you present your case as effectively as possible. Additionally, they will help you avoid being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of a specific traffic or legal offenses that are deemed to be illegal, the Department of motor vehicle accident Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will normally remain in place until you have completed all the steps required to get it back.
Your driver's license can be suspended for various reasons, depending on where you live. For instance, in states that use points system, the accumulation of too many points could result in an automatic suspension of your license. A judge can also take away your license due to a traffic violation. In the majority of cases, the court will allow you to drive with an restricted driving permit 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 can also be revoked when you do not pay back child support, or other civil debts. The license may also be revoked if you suffer from a medical condition that makes it unsafe to operate an automobile.
Your New York lawyer can help you determine the condition of your license and the best method to take. He or she will explain that in most cases, you have the right to an hearing before the DMV when your license is suspended.
Representation
A representation letter is an important piece of paper that lawyers send to the party they will be suing. This notifies the other party that they have a representative that will represent them. It also allows the lawyer to request information and documents from the other party.
A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence is defined as a inability to exercise the standard of care that would be expected from a person who is reasonably prudent under similar circumstances. Automobile accidents often involve multiple elements that could lead to or contribute to the accident. For instance, a driver's negligence could include driving under the influence of alcohol or drugs, or speeding or disregarding traffic signals. Other causes include driving distracted, such as using a cellular phone or attempting to apply makeup while driving.
There are some instances in which two people injured in a car accident need the same attorney to represent them. However, it is ethically unwise for one attorney to represent both the driver and passengers in a personal injury claim. Each client has a conflict. This can be overcome by creating a separate contract between each client. Alternately, each client can hire his or her own lawyer to make a claim against the adverse driver.
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