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motor vehicle accidents Vehicle Powers of Attorney

A number of parties are often at fault for the accident. In these instances jurors can award damages to the injured party according to their percentage of negligence.

Although DMV hearings do not require criminal courts, a seasoned NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico, LLP has extensive experience in representing clients in these hearings.

Power of Attorney

The power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document may confer broad or limited powers and must be drafted in accordance to state law. It must be signed and/or notarized in the presence of a witness or a notary public. A motor vehicle power-of-attorney grants the agent the authority to perform duties relating to the vehicle including selling a vehicle. You can make an Power of Attorney yourself by contacting your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. Or, you could ask someone else to do it for you.

Third parties may refuse to honor Powers Of Attorney. This could be due to different reasons. In some instances refusals can cause harm to the principal. The third party may be held accountable for the damages.

To avoid this it is essential that the Power of Attorney include language informing the agent that he or she cannot claim title to any real property or other asset owned by the principal unless explicitly stated in the document. The document should also specify that the agent submits to an outside party a report of all transactions, as well as any other issues in which they act on behalf of the principal.

DMV Hearings

You have the right to appeal a decision If DMV makes a decision that is discretionary against you (such as the suspension of your license for refusing to take the breathalyzer test). Hearings are held in person or over the telephone, and are usually conducted by the DMV driver safety hearing officer. In the hearing, DMV starts by presenting all of its evidence against you including any witness testimony it has subpoenaed. You can then present affirmative evidence, such as witnesses, documents, or your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing official.

You are more likely win an DMV hearing if you employ an attorney. An attorney can assist you to determine if the officers who were involved in your case committed any mistakes during your arrest, such as not clearly advising you that your license will be suspended if you did not take a breath test.

Although you aren't required to bring an attorney present at a DMV hearing under the law, hiring a NYC DMV lawyer can make the process easier. A lawyer is well-versed in all laws applicable to these kinds of cases and can help present your case effectively. They can also help you avoid being unfairly penalized by the DMV.

License Suspension

If you are found guilty of a specific violations of the law or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will normally remain in place until you have completed the steps required to get it back.

The state in which you live there are a variety of reasons your driver's licence can be suspended. For instance states that utilize points system, the accumulation of too many points may result in an automatic suspension of your license. Additionally an judge could also decide to have your license suspended for a traffic offense. In the majority of instances, the court will allow you drive with an restricted driving permit during your suspension or the revocation.

In some states your license may be revoked for certain crimes such as DUIs and vehicular manslaughter. In addition, your license can be suspended for failure to pay back child support or other civil debts. The license may also be revoked if suffer from a medical condition which makes it unsafe to operate the vehicle.

Your New York lawyer can help you determine the status of license and the best way to proceed. They will explain to you that in most cases, if you're license has been suspended, you are entitled to an hearing at the DMV.

Representation

A representation letter is an important piece of paper that a lawyer delivers to the person they'll be suing. This puts the other party in the loop that they now have a representative who will represent them and also allows the lawyer to request details and documents from that party.

A large number of motor vehicle accidents are in the tort doctrine of negligence. Negligence is defined as a inability to exercise the level of care that would be expected from a person who is prudent in similar circumstances. Automobile accidents are often caused or influenced by a variety of causes. The negligence of a driver could be driving while under the influence of drugs or alcohol or speeding, or ignoring traffic signs. Other causes include driving distracted, like using a cell phone or attempting to apply makeup while driving.

There are certain instances where two victims in a car accident need the same lawyer to represent them. It is, however, ethically wrong for a single attorney to represent both the passenger and driver in a personal injury claim. Each client is in conflict. This can be overcome by establishing a separate agreement between each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.