Motor Vehicle Powers of Attorney

A number of parties are often at fault for the accident. In these cases, a juror may award damages to the victim in proportion to their percentage of negligence.

Although DMV hearings are not a part of criminal courts, a seasoned NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.

Power of Attorney

A power of attorney is a document that allows a person to authorize another to perform acts in his or her name. The document can confer broad or limited powers, and must be drafted according to the laws of the state. The document must be signed or notarized by a notary or a witness. A motor vehicle power of attorney gives an agent the power to handle car-related obligations and could also include the power to sell a car for instance. If you're interested in preparing an 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 NYLawHelp. You can also ask someone to prepare it.

Third parties can refuse to respect Powers of Attorney. It could be because of several reasons. In some instances, the refusal causes harm to the Principal, and the third party could be held liable for those damages.

To prevent this from happening to avoid this, Motor Vehicle Accident Lawsuit to avoid this, Power of Attorney should include specific language that says that the agent will not be the owner of any real estate or property owned by the principal unless explicitly specified in the document. The document should also state that the agent must give a third-party an account of all transactions and other issues in which they act on behalf of their principal.

DMV Hearings

You are entitled to an appeal hearing if DMV decides to take a discretionary action against you (such as an eviction of your license for refusing breathalyzer testing). These hearings can take place in person or by telephone, and are generally conducted by a DMV driver safety hearing officer. In the hearing, DMV goes first, presenting all evidence it has against you and any witness testimony it has subpoenaed. It's your turn to provide evidence in support of your claim (documents or witnesses, or your own testimony), attack DMV's case in closing arguments and ask questions to the hearing officer.

It is more likely that you will win the DMV hearing if you employ a lawyer. A lawyer can help determine whether any mistakes were made by the officers during your arrest. For example they may not have told you that you could lose your license if you refused to take a breath test.

While you are not legally required to hire a lawyer for the DMV hearing, hiring an NYC DMV attorney can make the process much easier. An attorney will be knowledgeable with the laws applicable to these types of cases, and can assist you to present your case as efficiently as possible. They can also assist you to avoid being unfairly penalized by the DMV.

License Suspension

The Department of motor vehicle accident attorney vehicle accident lawsuit (homepage) Vehicles can suspend your license and driving privileges if you're accused of certain traffic offenses or legal violations. Typically the suspension or revocation is in effect until you complete all the steps required to get your license back.

Your driver's license can be suspended for many reasons, depending on where you live. In states that use points, for instance having too many points could cause the suspension. A judge may also revoke your license in the event of a traffic violation. In most instances the court will let you to drive on a restricted driving permit during your suspension or revocation.

In some states your license can be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license could be suspended if you do not pay back child support or other civil debts. Your license can 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 can help you determine the status of license and the best method to take. They will explain that in most circumstances, you are entitled to a hearing before the DMV when your license is suspended.

Representation

A representation letter is a very important document that an attorney must send to the person they want to sue. This puts the other party in the loop that they now have a representative who will represent them and also permits the attorney to ask for documents and other information from that party.

A lot of motor vehicle accident claims are based on negligence, which is a tort. Negligence is defined as lack of using the level of care a prudent person would have employed in the same circumstances. Car accidents are often caused or influenced through a variety factors. A driver's negligence may include driving under the influence of alcohol or drugs or speeding, or ignoring traffic signs. Driving distracted, like using your mobile phone while driving or applying makeup is a different factor.

In some instances two people who are injured in an accident with a vehicle need the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as an injured person in a personal injury case. This is because each client has a conflict of interest. This can be resolved by creating a separate agreement between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.