Motor Vehicle Powers of Attorney
A number of parties are often at fault for the accident. In such cases the jury may decide to distribute damages to the victim by determining their percentage of negligence.
Even though DMV hearings are not a part of criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has many years of experience representing clients in 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 grant broad or limited powers, and must be prepared according to the laws of the state. It must be signed and notarized in the presence of a witness or notary public. A
motor Vehicle accident law firm vehicle power of attorney grants the agent the authority to perform vehicle-related duties that could include selling a car. You can prepare an Power of Attorney yourself by contacting your local Department of
motor vehicle accidents Vehicles, or you can use a legal website like eForms.com or NYLawHelp. You can also request someone to help you prepare it.
Third parties can refuse to comply with Powers Of Attorney. This can be for various reasons. In certain situations the refusal could cause harm to the Principal. The third party could be held responsible for these damages.
To prevent this from happening to avoid this, the Power of Attorney should include language that states that the agent will not be the owner of any property or
motor vehicle accident law firm real estate owned by the principal unless specifically stated in the document. The document should also specify that the agent must give a third-party the details of every transaction and other matter that they conduct on behalf of their principal.
DMV Hearings
If DMV or other agency makes a decision that is discretionary against your driving privilege (such as license suspension due to refusing to take an alcohol test) you have the right to be heard to challenge the decision. These hearings can be conducted in person or by phone, and are typically held in front of a driver safety hearing officer from DMV. DMV provides all evidence against the person, including witnesses it has subpoenaed, during the hearing. It's your turn to present affirmative evidence (documents or witnesses, or even your own testimony) challenge the case of DMV in closing arguments and ask questions to the hearing officer.
The outcome of an DMV hearing is largely contingent on the circumstances of your case, but you are more likely to win if you hire an attorney. An attorney can assist in determining whether there were any mistakes committed by the police officers during your arrest. For instance, they may not have told you that you would lose your license if refused a breath test.
Although you aren't legally required to hire an attorney at a DMV hearing, hiring a NYC DMV attorney can make the process simpler. An attorney will be knowledgeable regarding the laws governing these kinds of cases, and can help you to present your case as efficiently as you can. They can also assist you to avoid being unfairly penalized by the DMV.
License Suspension
If you are found guilty of a specific traffic or legal offenses that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will typically remain in effect until you have completed the necessary steps to obtain it back.
Depending on the state where you reside, there are many different reasons that your driver's permit could be suspended. For instance states that utilize points, the accumulation of too many points could lead to a license suspension. A judge can also take away your license in the event of a traffic violation. In the majority of instances, the court will allow you drive with restricted driving permits during the suspension or the revocation.
In certain states, your license can be revoked for certain offenses, such as DUIs and vehicular manslaughter. In addition the license could be revoked for not paying back child support or other civil debts. You can also lose your license if you are suffering from a medical issue that makes driving a car unsafe.
Your New York lawyer will help you determine the condition of your license and the best to proceed. The lawyer will explain that in many instances, you are entitled to an interview with the DMV if your license is being suspended.
Representation
A representation letter is an important document that an attorney must send to the person he plans to sue. This puts the other party on notice that they have a representative that will represent them and allows the lawyer to request information and documents from that party.
Many
motor vehicle accident lawyer vehicle accident cases are based on the tort concept of negligence. Negligence is defined as a failure to use the degree of care that a prudent person would have employed in the same circumstances. Car accidents are often caused or contributed to by a variety of causes. The negligence of a driver could be driving while under the influence of alcohol or drugs speeding, or not paying attention to traffic signs. Distracted driving, like using a cell phone while driving or applying makeup, is another aspect.
In certain instances there are instances where two victims of an accident in a car want the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as an individual in a personal injuries claim. Each client is in conflict. This can be overcome by creating a separate contract between each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.