Motor Vehicle Powers of Attorney
Often, multiple parties share responsibility for an accident. In these instances, a jury may apportion the damages awarded to the victim in proportion to their share of negligence.
Although DMV hearings are not associated with criminal court, a seasoned NYC traffic lawyer can make a huge difference in the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.
Power of Attorney
The power of attorney is an official 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 wide or limited scope of powers and must be drafted according to the laws of the state. The document must be signed by the signer or notarized by a notary public or a witness. A
Motor vehicle accident law Firm vehicle power-of-attorney grants the agent the authority to perform duties relating to the vehicle, which may include selling a car. If you're looking to create an Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website like eForms or NYLawHelp. You can also ask a friend to assist you.
Third parties sometimes refuse to honor Powers of Attorney. This can be for various reasons. In some cases the refusal can cause harm to the Principal and the third party could be held accountable for the damages.
To avoid this it is essential to ensure that the Power of Attorney include language informing the agent that he or she cannot have title to any real property or other asset that is owned by the principal unless explicitly stated in the document. The document should also state that the agent submits to an outsider a summary of all transactions and any other issues in which they act on behalf of the principal.
DMV Hearings
You have the right to appeal a decision if DMV decides to take a discretionary action against you (such as a license suspension for refusing breathalyzer testing). Hearings can be held in person or via phone, and are typically held in front of a driver safety hearing officer from DMV. DMV provides all evidence against the person, including any witnesses it has subpoenaed at the hearing. Then it's your turn to present evidence that is affirmative (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 to win the DMV hearing if you hire an attorney. A lawyer can help you to determine if the police officers who were involved in your case made mistakes during your arrest, for instance, not indicating clearly that your driver's license could be suspended if you did not take the breath test.
While you're not required to bring an attorney present at a DMV hearing by law having a NYC DMV lawyer can help make the process simpler. An attorney is well-versed regarding the laws governing these kinds of cases and will assist you in present your case as effectively as possible. Additionally, they can assist in preventing you from being unfairly penalized by the DMV.
Suspension of License
If you are found guilty 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 cancellation of your license will usually remain in place until you have completed all the steps required to get it back.
Your driver's licence can be suspended for many reasons, based upon where you reside. In states that require points, for instance having too many points could lead to the suspension. A judge may also revoke your license if there is traffic violations. In most cases, the court will allow you to drive on an restricted driving permit during your suspension or revocation.
In certain states, your license may be revoked in certain cases, such as DUIs and vehicular manslaughter. Additionally your license could be suspended for failure to pay back child support or other civil debts. Your license may also be revoked if have a medical condition that makes it unsafe for you to operate a vehicle.
Your New York lawyer can help you determine the condition of your license and the best way to proceed. He or she will explain to you that in the majority of cases, if your license is suspended, you have the right to an hearing at the DMV.
Representation
A representation letter is a crucial piece of paper that lawyers send to the person they'll be suing. This notifies the other party that they have a representative that will represent them. It also permits the lawyer to request documents and information from the other party.
A large number of
motor vehicle accident lawyers vehicle accidents are in the tort doctrine of negligence. Negligence is defined as lack of using the level of care that a reasonably prudent person would use under similar circumstances. Automobile accidents often involve multiple factors which may cause or contribute to the incident. A driver's negligence could include driving while under the influence of alcohol or drugs or speeding, or ignoring traffic warnings. Distracted driving, such as using your mobile phone while driving, or applying makeup, is another aspect.
There are situations where two people injured in a car accident want the same attorney to represent them. However, it is morally wrong for a single lawyer to represent both a passenger and driver in a personal injury lawsuit. This is because each client has a conflict of interest. This can be resolved by creating a separate agreement between each client. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.