Motor Vehicle Powers of Attorney

There are many parties that are responsible for an accident. In these instances, a jury may apportion damages to the victim by determining their percentage of negligence.

Although DMV hearings do not require criminal court, a skilled NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has many 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 act on their behalf. The document may grant a broad or limited range of powers and must be drafted in accordance with the law of the State. It must also be signed and/or notarized the presence of a notary or witness public. A motor vehicle accidents vehicle power of attorney gives the agent authority to handle auto-related duties and may include the ability to sell a vehicle, for instance. If you want to prepare an Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a free online legal website like eForms or NYLawHelp. You can also request someone else to complete it for you.

Third parties sometimes refuse to respect Powers of Attorney. This could be due to various reasons. In some cases the refusal causes harm to the Principal and the third party may be held liable for damages.

To avoid this it is essential that the Power of Attorney include language informing the agent that he or motor vehicle accident she cannot have 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 report to a third party a summary on all transactions and other matters in which they act on behalf of their principal.

DMV Hearings

You are entitled to an appeal hearing in the event that DMV or other agency decides to take discretionary action against you (such as refusal to take breathalyzer testing). These hearings can take place in person or over the telephone, and usually conducted in front of an DMV driver safety hearing officer. At the hearing, DMV starts by presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. Then, you can present affirmative evidence, including documents, witnesses or your testimony. You may also present closing arguments to attack DMV and ask questions to the hearing official.

You are more likely win an DMV hearing if you engage an attorney. A lawyer can help determine whether there were any mistakes made by the police officers during your arrest. For example they may not have advised you that you would lose your license if refused to take a breath test.

While you are not legally required to use a lawyer for an DMV hearing, hiring a NYC DMV attorney will make the process simpler. A lawyer will be well-versed in the laws that govern these kinds of cases and will help you present your case as efficiently as is possible. They can also assist you to avoid being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your driving privileges and license when you are found to be guilty of certain traffic offenses or legal violations. Usually the suspension or revocation will remain in effect until you've completed all steps necessary to obtain your license reinstated.

Depending on the state where you reside, there are many different reasons that your driver's permit could be suspended. In states that require points, for example the accumulation of too many points can lead to a suspension. In addition an judge could also decide to have your license suspended in the event of a traffic violation. In the majority of cases, the court will allow you to drive with restricted driving permits during your suspension or the revocation.

In some states your license could be revoked for certain offenses, such as DUIs and vehicular manslaughter. In addition, your license can be revoked if you fail to pay back child support or other civil debts. It is also possible to lose your license if are suffering from a medical condition that renders driving a car dangerous.

Your New York lawyer will help you determine the state of your license and the best to proceed. He or she will explain to you that in the majority of cases, if you're license was suspended, you are entitled to a hearing at the DMV.

Representation

A representation letter is an important document that attorneys send to the person they intend to sue. This informs the other side that they have a representative that will represent them. It also allows the lawyer to request documents and information from the other party.

Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence can be defined as failure to apply the same level of care that a reasonably prudent person would use in the same circumstances. Car accidents typically involve a variety of factors that could cause or contribute to the accident. The negligence of a driver could be driving under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic signs. Other reasons include distracted driving such as using a cellular phone or attempting to put on makeup while driving.

In some cases, two people injured in an accident in a car want the same lawyer to represent them. It is not ethical for an attorney to represent both a driver and an injured person in a personal injury claim. Each client has a conflict. This can be resolved by creating a separate agreement between each client. Alternately, each client can hire his or her own lawyer to bring a lawsuit against the driver who caused the problem.