Motor Vehicle Powers of Attorney

In most cases, multiple parties share responsibility for an accident. In these instances, a juror may award damages to the victim according to their percentage negligence.

While DMV hearings aren't associated with criminal court, a seasoned NYC traffic attorney can make a substantial difference in the outcome of your case. Gannes & Musico LLP has years of experience representing clients at these hearings.

Power of Attorney

The 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 a broad or limited set of powers and must be drafted in accordance with State law. It must also be notarized and signed in the presence of a notary or witness public. A motor vehicle power of attorney grants an agent the power to handle vehicle-related responsibilities and may include the power to sell a car for example. You can draft a Power of Attorney on your own if you contact your local Department of Motor Vehicles, or you can use a legal site like eForms.com or NYLawHelp. You can also ask someone to assist you.

Third parties could refuse to accept Powers Of Attorney. This can be due to a number of reasons. In some cases it can cause harm to the Principal. The third party could be held accountable for these damages.

To avoid this it is crucial 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 otherwise specifically stated in the document. The document should also mention that the agent is required to give a third-party an overview of every transaction and other matter that they handle on behalf of their principal.

DMV Hearings

If DMV or other agency makes a decision that is discretionary against your right to drive (such as license suspension for refusing to take breath tests) you are entitled to be heard to challenge the decision. Hearings can be held in person or via the telephone, and are usually held before an DMV driver safety hearing officer. In the hearing, DMV goes first, presenting all of its evidence against you and any witness testimony it has subpoenaed. Then, you get to present evidence of affirmative nature (documents, witnesses or your own testimony) to attack DMV's evidence in closing arguments, motor vehicle accident and ask questions to the hearing officer.

In the end, winning the DMV hearing is dependent on the specifics of your case, but you are more likely to prevail when you have an attorney. An attorney can help you determine whether there were any mistakes made by the officers in your case during your arrest. For example they might not have told you that you would lose your license if declined a breath sample.

While you're not legally required to have an attorney present at a DMV hearing under the law hiring a NYC DMV lawyer can help make the process simpler. A lawyer is well-versed in all the laws applicable to these cases and can assist you to effectively present your case. They can also help you avoid being unfairly penalized by the DMV.

License Suspension

The Department of concord motor vehicle accident lawsuit Vehicles can suspend your driving privileges and license in the event that you are found guilty of certain traffic offenses or legal violations. Usually the suspension or revocation will stay in effect until you've completed all the steps required to get your license back.

Based on the state in which you live there are a variety of reasons why your driver's license could be suspended. In states that require points, for instance excessive accumulation of points could result in the suspension. A judge may also revoke your license for an offense in traffic. In most cases the court will let you to drive under a restricted driving license during your suspension or revocation.

In some states your license may be revoked for certain offenses, such as DUIs and vehicular manslaughter. Your license can also be revoked if you fail to pay back child support, or other civil debts. The license may also be revoked if have a medical condition that renders you unfit to operate a vehicle.

Your New York lawyer will help you determine the condition of your license and the best to proceed. He or she will explain that in many cases, you have the right to an hearing before the DMV in the event of your license suspended.

Representation

A representation letter is a very important document that attorneys send to the person they want to sue. This puts the other party in the loop that they have a representative that will speak on their behalf and allows the attorney to ask for details and documents from that party.

Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence is defined as a inability to exercise the level of care a prudent person would have employed in the same situation. Automobile accidents often involve multiple factors which may cause or contribute to the accident. For instance, driver's carelessness could result in driving impaired by alcohol or drugs, speeding or disregarding traffic signals. Distracted driving, like using your cellular phone while driving or applying makeup is a different factor.

In certain instances there are instances where two victims of an accident with a vehicle need the same lawyer to represent them. But, it is ethically unwise for one attorney to represent both a driver and passengers in a personal injury lawsuit. This is because each client has conflicts of interest. This can be overcome by establishing a separate contract between each client. In addition, each passenger could hire their own lawyer to make a claim against the adverse driver.