Motor Vehicle Powers of Attorney

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

Even though DMV hearings aren't associated with criminal court, a seasoned NYC traffic lawyer will make a major impact on the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these hearings.

Power of Attorney

A power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant broad or limited powers and must be prepared according to the laws of the state. The document must be signed or notarized by a notary public or a witness. A motor vehicle power of attorney grants the agent the authority to take care of vehicle-related responsibilities and may include the ability to sell a car for instance. You can prepare a Power of Attorney on your own if you contact your local Department of motor vehicle accident attorney Vehicles, or visit a free legal site like eForms.com or NYLawHelp. You can also request someone to assist you.

Third parties can refuse to respect Powers Of Attorney. It could be because of many reasons. In some instances refusals can cause harm to the principal. The third party could be held accountable for the damages.

To prevent this from happening it is essential to ensure that the Power of Attorney include language which states that the agent will not claim title to any real estate or other property that is owned by the principal unless otherwise specifically stated in the document. The document should also state that the agent is required to give a third-party a summary on all transactions and other matters that they perform on behalf of their principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as license suspension due to refusing to take a breath test) you have the right to a hearing to challenge the decision. Hearings are held in person or over the phone, and are typically held in front of a DMV driver safety hearing officer. DMV provides all evidence against the person, including any witnesses it has subpoenaed, during the hearing. Then it's your turn 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.

Winning the DMV hearing depends largely on the facts of your case, however you are more likely to prevail if you hire an attorney. An attorney can assist in determining whether any mistakes were committed by the police officers in your case during your arrest. For example, they may not have advised you that you could lose your license if you did not take a breath test.

While you are not legally required to have an attorney at an DMV hearing, hiring a NYC DMV attorney can make the process much easier. A lawyer will be well-versed with the laws applicable to these kinds of cases and will assist you in present your case as efficiently as possible. Additionally, they can help you avoid being unfairly penalized by the DMV.

License Suspension

If you are found guilty of specific traffic or legal offenses and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation is in effect until you have completed all necessary steps to obtain your license reinstated.

Based on the state in which you live there are a variety of reasons your driver's licence can be suspended. In states that require points, for example excessive accumulation of points could lead to the suspension. Additionally an judge could also ordain your license to be suspended for a traffic offense. In most instances, courts will allow you to drive with a limited driving permit during the time of your suspension or revocation.

In certain states, your license can be revoked if you have been found guilty of certain crimes like DUIs or vehicular manslaughter. The license can be revoked if are unable to pay back child support or other civil debts. It is also possible to lose your license if suffer from a medical condition which renders driving a car dangerous.

Your New York lawyer can help you determine the status of license and the best way to proceed. The lawyer will explain that in the majority of circumstances, you are entitled to an appearance before the DMV in the event that your license is being suspended.

Representation

A representation letter is a crucial piece of paper that lawyers send to the person they'll be suing. This puts the other party on notice that they now have a representative who will speak on their behalf and also allows the lawyer to request documents and information from the party.

Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence is defined as a inability to exercise the standard of care that would be expected of a person who is reasonably prudent under similar circumstances. Automobile accidents often involve multiple elements that could lead to or contribute to the accident. For instance, driver's carelessness could result in driving under the influence of alcohol or drugs, or speeding or not paying attention to traffic signals. Other causes include driving distracted, such as using a cellular phone or attempting to apply makeup while driving.

In some instances there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. It is, however, ethically unwise for one attorney to represent both a driver and passengers in a personal injury claim. This is due to each client having conflicts of interest. This can be avoided by making distinct agreements between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.