Motor Vehicle Powers of Attorney
Many parties are usually responsible for an accident. In these cases the jury may award damages to the victim in proportion to their percentage of negligence.
Even though DMV hearings aren't related to criminal court, a skilled NYC traffic attorney can make a huge difference in the outcome of your case. Gannes & Musico, LLP has years of experience representing clients in these hearings.
Power of Attorney
A power of attorney is a document that permits the person to authorize someone else to perform actions in his or her name. The document may grant a broad or limited set of powers and must be prepared in accordance with State law. The document must be signed by the signer or notarized in front of a notary public or witness. A motor vehicle power-of-attorney grants the agent the power to perform vehicle-related duties, which may include selling a vehicle. You can prepare a Power of Attorney by yourself if you contact your local Department of
motor vehicle accidents Vehicles, or use a free legal website such as eForms.com or NYLawHelp. You could also ask someone to prepare it.
Third parties can refuse to honor Powers of Attorney. This can be due to many reasons. In some cases it can cause harm to the Principal. The third party could be held responsible for these damages.
To avoid this it is essential to ensure that the Power of Attorney include language indicating that the agent cannot be the owner of any real estate or other property owned by the principal, unless otherwise specifically stated in the document. The document should also state that the agent is required to report to a third party an account of every transaction and other matter in which they act on behalf of their principal.
DMV Hearings
If DMV orders a discretionary action against your right to drive (such as license suspension due to refusing to take an alcohol test) you are entitled to be heard to challenge the decision. These hearings are conducted either in person or by phone, and are typically conducted by a driver safety hearing officer from DMV. DMV presents all its evidence against the person, including witnesses it has subpoenaed, during the hearing. Then, you can present affirmative evidence, such as documents, witnesses or even your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing officer.
You are more likely to prevail at an DMV hearing if you employ an attorney. A lawyer can help determine the extent of any errors made by the officers in your case during your arrest. For example, they may not have told you that you could lose your license if refused a breath test.
Although you aren't legally required to have an attorney at a DMV hearing, hiring an NYC DMV attorney can make the process much easier. An attorney is knowledgeable about all the laws that apply to these types 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
If you are found guilty of a specific criminal or traffic offenses, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will typically remain in effect until you have completed all the required steps to get it back.
Your driver's license may be suspended for various reasons, based upon where you reside. For instance states that have points, the accumulation of too many points can lead to an automatic suspension of your license. A judge can also take away your license if there is violations of traffic law. In most instances, a judge will allow you to drive using a restricted driving permit during the time of suspension or cancellation.
In some states, your driver's license can be revoked if you have been convicted of specific crimes like DUIs or vehicular murder. In addition your license could be revoked for not paying back child support or other civil debts. You may also lose your license if you are suffering from a medical condition that makes driving a car unsafe.
Your New York lawyer can help you determine the validity of your license and the best way to proceed. They will explain to you that in most cases, if you're license has been suspended, then you have the right to an appointment with the DMV.
Representation
A representation letter is a crucial piece of paper that lawyers must send to the person they will be suing. This informs the other side that they have a representative that will represent them. It also allows the lawyer to request documents and information from the other party.
A large number of
motor vehicle accidents are based on the tort concept of negligence. Negligence can be defined as inability to exercise the level of care that a prudent person would use under similar circumstances. Accidents in the automobile are usually caused or influenced by multiple factors. For example, a driver's negligence could include driving when impaired by alcohol or drugs, or speeding or disregarding traffic signals. Other reasons include distracted driving such as using a cellular phone or attempting to put on makeup while driving.
In certain instances, two people injured in an accident with a vehicle need the same lawyer to represent them. It is unethical for an attorney to represent the driver and a passenger in a personal injury lawsuit. Each client has a conflict. This can be resolved by establishing a separate agreement between each client. Alternatively, each passenger can hire his or her own lawyer to start a lawsuit against the driver who was at fault.