Motor Vehicle Powers of Attorney

Often there are multiple parties who share the blame for an accident. In these situations the jury may award damages to the victim according to their percentage of negligence.

While DMV hearings aren't criminal court-related, an experienced NYC traffic attorney can make a significant difference in the outcome of your case. Gannes & Musico, LLP has years of experience representing clients in these proceedings.

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 may grant a broad or limited set of powers and must be prepared according to State law. It must also be notarized and signed in the presence of a witness or a notary public. A motor vehicle accident lawyer vehicle power of attorney grants the agent the power to perform responsibilities related to vehicles that may include selling a car. You can draft a Power of Attorney yourself if you contact your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. Or, you could have someone else do it for you.

Third parties may refuse to respect Powers Of Attorney. This can be due to many reasons. In some instances the refusal may cause harm to the Principal, and the third party may be held liable for damages.

To prevent this from happening it is crucial to ensure that the Power of Attorney include language indicating that the agent cannot be the owner of any real property or other asset owned by the principal, unless otherwise stated in the document. The document should also specify that the agent should submit to an outside party a report of all transactions and other circumstances in which he or she acts on behalf of the principal.

DMV Hearings

You have the right to appeal a decision If DMV makes a decision that is discretionary against you (such as refusal to take breathalyzer testing). These hearings can take place in person or over the telephone, and are usually held in front of a DMV driver safety hearing officer. DMV will present all its evidence against the person, including any witnesses it has subpoenaed at the hearing. Then you're able to provide evidence in support of your claim (documents, witnesses or your own testimony), attack DMV's case in closing arguments, and ask questions to the hearing officer.

In the end, winning a DMV hearing is largely contingent on the circumstances of your case, but you are more likely to prevail if you hire an attorney. A lawyer can help you to determine if the officers who were involved in your case made any errors during your arrest, such as not letting you know that your license would be suspended if it was not possible to take an breath test.

While you're not required to bring an attorney present at the time of a DMV hearing by law, hiring a NYC DMV lawyer will make the process much easier. An attorney is well-versed with the laws applicable to these types of cases, and will help you present your case as efficiently as you can. In addition, they can assist you in avoiding being unfairly penalized by the DMV.

Suspension of License

If you are accused of certain criminal or traffic violations that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will generally remain in effect until you've completed all the necessary steps to obtain it back.

Your driver's licence can be suspended due to a variety of reasons, based on where you reside. States that use points, for instance, accumulating too many can result in a suspension. A judge may also revoke your license due to an offense in traffic. In most cases, a court will permit you to drive with a restricted driving permit during the period of suspension or cancellation.

In some states your license may be suspended for certain offenses, such as DUIs and vehicular manslaughter. Your license can also be revoked if you are unable to pay back child support, or other civil debts. It is also possible to lose your license if are suffering from a medical issue that makes driving a car unsafe.

Your New York lawyer will help you to determine the status of your license, and how best to proceed. He or she will explain to you that in most cases, if you're license has been suspended, you have the right to an hearing at the DMV.

Representation

A representation letter is an important piece of paper that lawyers must send to the party they will be suing. This puts the other party on notice that they now have a representative who will represent them, and it also allows the lawyer to request information and documents from that party.

A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence can be defined as a inability to exercise the standard of care expected of someone who is prudent in the same circumstances. Automobile accidents usually involve multiple factors that can cause or contribute to the incident. For instance, a driver's carelessness could result in driving under the influence of alcohol or drugs, or speeding or disregarding traffic signals. Distracted driving, like using your mobile phone while driving or applying makeup, is a separate factor.

In some instances, two people injured in an accident with a vehicle need the same lawyer to represent them. However, it is ethically improper for one attorney to represent both the driver and passengers in a personal injury case. This is due to each client having a conflict of interests. This can be avoided by drafting separate agreements between the clients. Alternately, each client can employ their own lawyer to bring a lawsuit against the driver who was at fault.