Motor Vehicle Powers of Attorney
In most cases, multiple parties share responsibility for motor vehicle accident law firm an accident. In these instances, a juror may award damages to the injured party depending on their percentage of negligence.
Although DMV hearings do not require criminal court, a skilled NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has years of experience representing clients at these hearings.
Power of Attorney
The power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can grant a wide or limited set of powers and must be drafted in accordance with State law. The document must be signed by the signer or notarized by a notary public 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. You can create an Power of Attorney by yourself by contacting your local Department of Motor vehicle accident law Firm Vehicles, or you can use a legal website such as eForms.com or NYLawHelp. You can also ask a friend to prepare it.
Third parties are sometimes unable to accept Powers of Attorney. This could be due to a variety of reasons. In some cases the refusal can cause harm to the Principal, and the third party can be held liable for those damages.
To avoid this, it is important that the Power of Attorney include language informing the agent that he or she cannot have title to any real estate or other property owned by the principal unless specified otherwise in the document. The document should also specify that the agent must give a third-party an account of any transactions or other matters that they conduct on behalf of their principal.
DMV Hearings
If DMV has a discretionary decision against your right to drive (such as a license suspension for refusing to take a breath test) you have the right to have a hearing to challenge the decision. These hearings can be conducted in person or by telephone, and usually conducted by an DMV driver safety hearing officer. The hearing is conducted by DMV will first present all evidence it has against you and any witness testimony it has subpoenaed. Then it’s your turn to present evidence that is affirmative (documents or witnesses, or even your own testimony), attack DMV’s case in closing arguments and ask questions to the hearing officer.
You are more likely win in a DMV hearing if you engage a lawyer. A lawyer can help determine if any mistakes were committed by the police officers in your case during your arrest. For example, they may not have informed you that you could lose your license if you did not take a breath test.
Although you aren’t legally required to hire an attorney at an DMV hearing, hiring a NYC DMV attorney will make the process simpler. An attorney will be knowledgeable with the laws applicable to these types of cases, and will help you present your case as efficiently as you possibly can. They can also help you avoid being unfairly penalized by the DMV.
License Suspension
If you are accused of certain criminal or motor vehicle accident law firm traffic violations that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation will stay in effect until the time you complete all necessary steps to obtain your license back.
Your driver’s license could be suspended for various reasons, based upon where you live. For instance in states that employ points-based systems, the accumulation of too many points can lead to a license suspension. In addition an judge could also decide to have your license suspended in the event of a traffic violation. In the majority of instances the court will let you to drive on restricted driving permits during your suspension or revocation.
In certain states, your license can be revoked if been convicted of certain crimes, such as DUIs or vehicular murder. Your license could be suspended if you don’t pay child support or other civil debts. You could also lose your license if are suffering from a medical condition that can make driving a car unsafe.
Your New York lawyer will help you determine the state of your license, and how best to proceed. The lawyer will explain to you that in most cases, if your license was suspended, you are entitled to an hearing at the DMV.
Representation
A representation letter is an important document that an attorney sends to the person they intend to sue. This puts the other party on notice that they have a representative that will speak on their behalf and allows the attorney to ask for information and documents from that party.
Many motor vehicle accident claims are result of negligence, which is a tort. Negligence is defined as lack of using the level of care a prudent person would have used under similar circumstances. Accidents involving cars often involve multiple elements that could lead to or contribute to the incident. For instance, a driver’s negligence may include driving impaired by alcohol or drugs, speeding up or not paying attention to traffic signals. Distracted driving, such as using a cell phone while driving or applying makeup, is another reason.
There are situations where two people who are injured in a car accident would like the same lawyer to represent them. It is unethical for an attorney to represent the driver and an injured person in a personal injuries claim. Each client has a conflict. This can be avoided by drafting separate agreements between the clients. Or, they can hire their own lawyers to file a lawsuit against the driver.