motor vehicle accident lawyer Vehicle Powers of Attorney

Many parties are usually responsible for an accident. In these situations the jury can distribute damages to the injured party according to their percentage of negligence.

Although DMV hearings do not involve criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has years of experience 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 can grant broad or limited powers, and must be prepared in accordance to state law. The document must be signed or notarized before a notary public or a witness. A motor vehicle power of attorney grants the agent the authority to perform responsibilities related to vehicles that could include selling a vehicle. If you want to prepare an Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a legal online website like eForms or NYLawHelp. You can also ask a friend to do it.

Third parties could refuse to accept Powers Of Attorney. It could be because of a number of reasons. In some cases the refusal can cause harm to the Principal and the third party could be held liable for damages.

To prevent this from happening it is essential that the Power of Attorney include language indicating that the agent cannot take title to any real estate or other property that is owned by the principal unless explicitly stated in the document. The document should also specify that the agent should submit to an outside party a report of all transactions and any other issues in which the agent acts on behalf of the principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as license suspension due to refusing to take breath tests), you can request be heard to challenge the decision. These hearings are conducted either in-person or over the phone, and are usually held before a safety driver hearing officer from DMV. DMV provides all evidence against the person, including any witnesses it has subpoenaed during the hearing. Then you're able to present evidence of affirmative nature (documents and witnesses, or your own testimony) and attack the DMV's argument in closing arguments, and ask questions to the hearing officer.

Winning an DMV hearing depends largely on the facts of your case, but you are more likely to win when you have an attorney. A lawyer can help you to determine if the officers involved in your case committed any mistakes during the arrest, like not clearly informing you that your driver's license could be suspended if you did not take a breath test.

Although you aren't legally required to have an attorney at a DMV hearing, hiring a NYC DMV attorney can make the process simpler. An attorney is well-versed with the laws applicable to these types of cases, and will assist you in present your case as efficiently as possible. Additionally, they will help to prevent you from being unfairly penalized by the DMV.

License Suspension

If you are found guilty of specific criminal or traffic violations and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or suspension of your license is generally remain in effect until you've completed all the steps required to get it back.

Your driver's license may be suspended for many reasons, based upon where you live. For instance states that have points system, the accumulation of too many points may lead to the suspension of your license. Additionally, a judge can also order your license to be suspended in the event of a traffic violation. In the majority of cases, a court will allow you to drive using a restricted driving permit for the duration of suspension or the revocation.

In certain states, your license may be revoked for certain crimes, including DUIs and vehicular manslaughter. Your license can be revoked if don't pay child support, or any other civil debts. It is also possible to lose your license if suffer from a medical issue that can make driving a car unsafe.

Your New York lawyer will help you determine the condition of your license and determine the best to proceed. The lawyer will explain to you that in the majority of instances, if your license has been suspended, then you are entitled to an interview at the DMV.

Representation

A representation letter is a crucial piece of paper that lawyers must send to the person they will be suing. This notifies the other party that they have a representative who will represent them. It also permits the lawyer to request documents and information from the other party.

Many motor vehicle accident cases are based on the tort concept of negligence. Negligence is defined by a inability to exercise the standard of care that would be expected from a person who is prudent in the same circumstances. Accidents involving cars are usually caused or contributed to by a variety of causes. A driver's negligence could include driving while under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic signs. Distracted driving, such as using your cell phone while driving, or applying makeup, is a separate reason.

There are instances in which two people who have been injured in a car accident want the same attorney to represent them. It is not ethical for an attorney to represent both a driver and an injured person in a personal injury case. This is because each client has conflicts of interest. This can be avoided by drafting distinct agreements between each client. Alternatively, each passenger can hire their own lawyer to file a lawsuit against the driver who caused the problem.