motor vehicle accident lawyer Vehicle Powers of Attorney
In many cases when multiple parties are responsible for an accident. In these instances, a juror may award damages to the injured party according to their percentage negligence.
While DMV hearings aren't criminal court-related, an experienced NYC traffic attorney will make a major difference in the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients at these hearings.
Power of Attorney
A power of attorney is a legal document that allows a person to authorize another to act in his or her name. The document can confer broad or limited powers and must be drafted in accordance with state law. It must be signed and/or notarized the presence of a witness or a notary public. A motor vehicle power of attorney gives the agent authority to handle vehicle-related responsibilities and may include the ability to sell a car for example. You can prepare a Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. You can also ask someone else to do it for you.
Third parties could refuse to comply with Powers Of Attorney. This can be for different reasons. In some cases the refusal can cause harm to the Principal, and the third party can be held liable for those damages.
To prevent this from happening, to prevent this from happening, the Power of Attorney should include provisions that say that the agent can't be the owner of any real estate or property owned by the principal, unless explicitly stated in the document. The document should also state that the agent is required to report to a third party an overview 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 a license suspension for refusing to take breath tests) you are entitled to an appeal hearing to contest the decision. Hearings can be held in-person or over the phone, and are usually conducted by a driver safety hearing officer from DMV. DMV will present all its evidence against the person, including any witnesses it has subpoenaed, at the hearing. It's your turn to present evidence that is affirmative (documents, witnesses or your own testimony) challenge the case of DMV in closing arguments and ask questions of the hearing officer.
It is more likely that you will win the DMV hearing if you employ a lawyer. A lawyer can help to determine if the officers who were involved in your case committed mistakes during your arrest, for instance, not letting you know that your license will be suspended if it was not possible to take an alcohol test.
While you're not required to have an attorney present at an DMV hearing by law having a NYC DMV lawyer can make the process easier. An attorney is well-versed with the laws applicable to these types of cases, and will assist you in present your case as efficiently as is possible. In addition, they can 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're found to be guilty of certain traffic offenses or violations. Typically, the suspension or revocation remains in effect until you have completed all steps necessary to obtain your license reinstated.
Depending on the state where you live, there are many different reasons why your driver's license could be suspended. In states that rely on points, for instance having too many points could result in a suspension. A judge can also suspend your license due to a traffic violation. In most cases, the court will allow you to drive under an restricted driving permit during your suspension or the revocation.
In certain states, your driver's license can be suspended if you've been found guilty of certain crimes like DUIs or vehicular murder. Your license may be revoked if are unable to pay back child support or other civil debts. You can also lose your license if are suffering from a medical condition which can make driving a car unsafe.
Your New York lawyer will help you to determine the status of your license and determine the best to proceed. The lawyer will explain to you that in the majority of instances, if your license has been suspended, then you have the right to an interview at the DMV.
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 have a representative that will speak on their behalf and also allows the attorney to ask for details and documents from that party.
A large number of
motor vehicle accidents are founded on the tort theory of negligence. Negligence is defined as a inability to exercise the level of care that a prudent person would use in the same situation. Automobile accidents usually involve multiple factors that could cause or contribute to the accident. A driver's negligence could include driving under the influence of drugs or alcohol or speeding, or ignoring traffic signs. Distracted driving, such as using a cell phone while driving or applying makeup, is a separate factor.
In some instances when two people are injured in an accident in a vehicle want the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as a passenger in a personal injury lawsuit. This is due to each client having conflicts of interest. This can be avoided by making separate agreements between each client. Or, each person can employ their own lawyer to file a lawsuit against the driver who caused the problem.