Motor Vehicle Powers of Attorney
Frequently it is the case that multiple parties share responsibility for an accident. In such situations the jury may decide to distribute damages to the victim in proportion to their share of negligence.
Although DMV hearings do not involve criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. 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 act in their name. The document may grant a broad or limited range of powers and must be prepared 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 grants the agent the power to perform vehicle-related duties, which may include selling a vehicle. If you're interested in preparing a Power of Attorney yourself take a look at contacting your local Department of Motor Vehicles or using a free online legal website like eForms or
Motor vehicle Accidents NYLawHelp. Alternatively, you can request someone else to complete it for you.
Third parties can refuse to comply with Powers Of Attorney. This can be for many reasons. In some cases, the refusal causes harm to the Principal, and the third party can be held liable for damages.
To prevent this from happening, to prevent this from happening, the Power of Attorney should include specific language that says that the agent is not able to assume title to any property or real estate owned by the principal, unless specifically specified in the document. The document should also mention that the agent must submit to a third party a summary on any transactions or other matters that they conduct on behalf of their principal.
DMV Hearings
If DMV has a discretionary decision against your driving privilege (such as suspension of your license for refusing to take breath tests) you are entitled to an appeal hearing to contest the decision. Hearings can be held in person or by telephone, and usually held in front of an DMV driver safety hearing officer. DMV provides all evidence against the person, including witnesses it has subpoenaed, during the hearing. Then, you get to present evidence of affirmative nature (documents and witnesses, or your own testimony) and attack the DMV's argument in closing arguments and ask questions to the hearing officer.
You are more likely win in a DMV hearing if you employ a lawyer. An attorney can assist you to determine if the officers who were involved in your case made any errors during your arrest, like not clearly advising you that your license will be suspended if you refuse to take an breath test.
Although you aren't legally required to use an attorney present at the time of a DMV hearing by law hiring a NYC DMV lawyer will make the process much easier. A lawyer is well-versed with the laws applicable to these kinds of cases and can assist you to present your case as efficiently as possible. They can also help you avoid being unfairly penalized by the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your license and driving privileges if you are found guilty of certain traffic offenses or legal violations. Usually the suspension or revocation is in effect until you have completed all required steps to get your license reinstated.
Depending on the state where you live there are a variety of reasons your driver's licence can be suspended. For
motor vehicle accidents instance, in states that use points-based systems, the accumulation of too many points can result in a license suspension. Additionally the judge may also ordain your license to be suspended for a traffic conviction. In most instances the court will let you drive with restricted driving permits during the suspension or revocation.
In certain states, your license could be suspended if you've been found guilty of certain offenses like DUIs or vehicular manslaughter. Your license could be revoked if do not pay back child support or other civil debts. Your license could be revoked in the event that you suffer from a medical condition that makes it unsafe to operate in a vehicle.
Your New York lawyer will help you determine the status of your license and the best to proceed. The lawyer will explain that in the majority of cases, you have the right to a hearing before the DMV when your license is being suspended.
Representation
A representation letter is a very important document that an attorney must send to the person they plan to sue. 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.
A large number of
motor vehicle accident law firms vehicle accidents (
why not try this out) are founded on the tort theory of negligence. Negligence is defined as a lack of using the level of care that a prudent person would use under similar circumstances. Accidents involving cars are usually caused or influenced by a variety of causes. A driver's negligence could include driving under the influence of drugs or alcohol, speeding, or disregarding traffic warnings. Distracted driving, such as using your mobile phone while driving, or applying makeup, is a further factor.
In certain instances when two people are injured in an accident in a vehicle would like the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as the other person in a personal injury lawsuit. Each client is in conflict. This can be avoided by making separate agreements between the clients. In addition, each passenger could hire their own lawyer to bring a lawsuit against the driver who was at fault.