Motor Vehicle Powers of Attorney
Multiple parties are often responsible for the accident. In these situations the jury may award damages to the victim depending on their percentage of negligence.
Although DMV hearings are not connected to criminal court, an experienced NYC traffic attorney will make a major impact on the outcome of your case. Gannes & Musico LLP has many years of experience representing clients at these hearings.
Power of Attorney
A power of attorney is a document that permits an individual to authorize another to perform acts in his or her name. The document can confer broad or limited powers, and must be prepared in accordance with the state's law. The document must be signed or notarized by a notary public or witness. A motor vehicle power-of-attorney gives the agent the authority to perform responsibilities related to vehicles, which may include selling a vehicle. If you're looking to create an Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. You can also ask a friend to assist you.
Third parties are sometimes unable to respect Powers of Attorney. This could be due to several reasons. In some cases refusals can cause harm to the principal. The third party could be held accountable for the damages.
To prevent this from happening to avoid this, the Power of Attorney should include provisions that say that the agent is not able to assume title to any property or real estate owned by the principal unless specifically stipulated in the document. The document should also provide that the agent has to submit to an outside party a summary of all transactions, as well as any other matters in which he or she acts on behalf of the principal.
DMV Hearings
If DMV has a discretionary decision against your driving privilege (such as a license suspension for refusing to take a breath test), you can request a hearing to challenge the decision. Hearings can be held in person or by telephone, and are usually conducted by a driver safety hearing officer from DMV. At the hearing, DMV will first present all evidence it has against you including any testimony of witnesses it has subpoenaed. You are then able to present your own evidence, including documents, witnesses or even your testimony. You can also make closing arguments to attack DMV and ask questions to the hearing officer.
The outcome of a DMV hearing is dependent on the specifics of your case, however you are more likely to win if you hire an attorney. A lawyer can assist you to determine if the police officers involved in your case made mistakes during your arrest, like not clearly informing you that your license will be suspended if you refused to take a breath test.
While you're not legally required to have 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 cases and can assist you to effectively present your case. Additionally, they can assist in preventing you from being unfairly penalized by the DMV.
License Suspension
The Department of Motor Vehicles can suspend your driving privileges and license when you are found guilty of certain traffic offenses or violations. Usually the suspension or revocation is in effect until you complete all required steps to get your license reinstated.
Your driver's license could be suspended for many reasons, depending on where you live. For instance in states that employ a point system, accumulation of too many points can result in an automatic suspension of your license. In addition, a judge can also require your license to be suspended for a traffic offense. In the majority of instances, the court will permit you to drive with a limited driving permit during the time of suspension or the revocation.
In certain states, your license may be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license can be suspended if you do not pay back child support, or any other civil debts. The license may also be revoked if you suffer from a medical condition which renders you unfit to operate the vehicle.
Your New York lawyer can help you determine the status of your license and the best way to proceed. He or she 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 crucial piece of paper that lawyers send to the person they will be suing. This notifies the other party that they have a representative that will speak on their behalf. It also permits the lawyer to request information and documents from the other party.
Many
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http://www.votecataratas.com/muskegomotorvehicleaccidentattorney745822, cases are founded on the tort theory of negligence. Negligence can be defined as a inability to exercise the level of care that would be expected from a person who is prudent in similar circumstances. Car accidents are often caused or contributed to by a variety of causes. A driver's negligence may include driving under the influence of alcohol or drugs or speeding, or ignoring traffic warnings. Other causes include driving distracted, like using a cell phone or trying to apply makeup while driving.
In certain instances two people who are injured in an accident in a vehicle would like the same lawyer to represent them. It is not ethical for an attorney to represent the driver and an injured person in a personal injury claim. This is due to each client having conflicts of interest. This can be avoided by creating distinct agreements between each client. Or, each person can hire his or her own lawyer to start a lawsuit against the driver who caused the problem.