Motor Vehicle Powers of Attorney

Many parties are usually responsible for the accident. In these instances the jury may decide to distribute the amount of damages awarded to the injured party based on their percentage of negligence.

Although DMV hearings do not involve criminal court, a knowledgeable NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients at these hearings.

Power of Attorney

A power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document can confer broad or limited powers and must be drafted in accordance with the state's law. The document must be signed by the signer or notarized by a notary public or witness. A suffern motor vehicle accident lawyer vehicle power of attorney gives the agent the authority to take care of the responsibilities of a vehicle and could include the power to sell a car for example. You can create a Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. Alternatively, you can request someone else to complete it for you.

Third parties sometimes refuse to honor Powers of Attorney. This could be due to different reasons. In some cases the refusal causes harm to the Principal, and the third party may be held liable for damages.

To avoid this, it is important to ensure that the Power of Attorney include language indicating that the agent cannot claim title to any real property or other asset owned by the principal, unless otherwise stated in the document. The document should also stipulate that the agent is required to give a third-party a summary on all transactions and other matters that they conduct on behalf of their principal.

DMV Hearings

If DMV decides to take a discretionary action against your right to drive (such as suspension of your license for refusing to take a breath test) you are entitled to have a hearing to challenge the decision. Hearings are held in person or via phone, and are usually conducted by a driver safety hearing officer from DMV. In the hearing, DMV goes first, presenting all evidence it has against you including any witness testimony it has subpoenaed. Then, you can present affirmative evidence, including witnesses, documents or your testimony. You may also present closing arguments to challenge DMV and ask questions to the hearing officer.

It is more likely that you will win in a DMV hearing if you employ a lawyer. An attorney can assist in determining if any mistakes were committed by the police officers during your arrest. For example, they may not have warned you that you would lose your license if you refused a breath test.

While you are not legally required to have an attorney at a DMV hearing, hiring a NYC DMV attorney can make the process simpler. An attorney is knowledgeable about the laws that apply to these types of cases and can help effectively present your case. They can also assist you to avoid being unfairly penalized by the DMV.

License Suspension

If you are found guilty of certain criminal or traffic offenses or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. Usually, the suspension or revocation will remain in effect until the time you complete all necessary steps to obtain your license back.

The state in which you reside there are a variety of reasons that your driver's permit can be suspended. In states that use points, for Vimeo.com instance having too many points could cause being suspended. Additionally, a judge can also order your license to be suspended if you are convicted of a traffic crime. In the majority of instances, the court will allow you to drive using a restricted driving permit during the period of your suspension or the revocation.

In some states your license can be revoked for certain offenses, such as DUIs and vehicular manslaughter. The license can be revoked if are unable to pay back child support, or other civil debts. Your license can also be revoked if have a medical condition that renders you unfit to operate an automobile.

Your New York lawyer will help you determine the status of your license and how best to proceed. He or she will explain that in the majority of cases, you're entitled to a hearing before the DMV in the event of your license being suspended.

Representation

A representation letter is a crucial piece of paper that lawyers must send to the person they will be suing. This puts the other party in the loop that they have a representative that will represent them and also allows the attorney to ask for documents and information from the party.

Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence is defined as the inability to exercise the level of care that a reasonably prudent person would have used in similar circumstances. Automobile accidents usually involve multiple factors that can cause or contribute to the incident. A driver's fault could be driving while under the influence of alcohol or drugs or speeding, or ignoring traffic signs. Driving distracted, for example, using your cellular phone while driving, or applying makeup, is a further aspect.

There are instances 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 claim. Each client is in conflict. This can be avoided by drafting distinct agreements between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.