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Motor Vehicle Powers of Attorney
Multiple parties are often responsible for the accident. In these situations, a jury may apportion the amount of damages awarded to the injured party according to their percentage of negligence.
Even though DMV hearings are not a part of criminal court, a knowledgeable NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.
Power of Attorney
A power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may grant broad or limited powers, and must be drafted in accordance with the state's law. The document must be signed by the signer 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 may include selling a vehicle. If you want to prepare an Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. Alternately, you can hire someone else to handle the work for you.
Third parties may not accept Powers of Attorney. This can be for different reasons. In some cases 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, to avoid this, the Power of Attorney should include provisions that say that the agent cannot assume title to any real estate or property owned by the principal without being explicitly stated in the document. The document should also state that the agent is required to provide a third party with an overview of any transactions or other matters in which they act on behalf of their principal.
DMV Hearings
If DMV orders a discretionary action against your driving privilege (such as a 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 over the phone, and are typically held in front of a driver safety hearing officer from DMV. The hearing is conducted by 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 or witnesses, or your own testimony), attack DMV's case in closing arguments, and ask questions of the hearing officer.
Achieving an DMV hearing is largely contingent on the circumstances of your case, but you are more likely to win by hiring an attorney. An attorney can assist in determining whether any mistakes were made by the police officers during your arrest. For instance they may not have warned you that you would lose your license if refused a breath test.
Although you aren't legally required to employ an attorney present at the DMV hearing, hiring an NYC DMV attorney can make the process much easier. An attorney is knowledgeable about all the laws that apply to these kinds of cases and can help you make your case convincingly. They can also help you avoid being unfairly penalized by the DMV.
License Suspension
If you are accused of certain criminal or traffic offenses or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or cancellation of your license will typically remain in effect until you've completed all the steps required to get it back.
Your driver's licence can be suspended for a variety of reasons, based on where you reside. In states that rely on points, for example the accumulation of too many points can lead to being suspended. Additionally, a judge can also require your license to be suspended in the event of a traffic violation. In the majority of instances, a judge will permit you to drive with a restricted driving license during the period of suspension or the revocation.
In some states your license can be revoked for certain crimes, including DUIs and vehicular manslaughter. In addition your license may be revoked if you fail to pay back child support or other civil debts. You may also lose your license if suffer from a medical condition which can make driving a car unsafe.
Your New York lawyer can help you determine the status of license and the best way to proceed. He or she will explain that in many cases, you're entitled to an hearing before the DMV in the event of your license suspended.
Representation
A representation letter is an important document that an attorney sends to the person they want to sue. This notifies the other party that they have a representative that will represent them. It also allows the lawyer to request information and documents from the other party.
A lot of motor vehicle accident claims are caused by negligence, which is a tort. Negligence can be defined as a failure to exercise the level of care expected of someone who is reasonably prudent in similar circumstances. Accidents in the automobile are usually caused or contributed to by multiple factors. A driver's fault could be driving under the influence of drugs or alcohol, speeding, or disregarding traffic warnings. Distracted driving, like using a cell phone while driving or applying makeup, is another reason.
There are some instances where two victims in a car crash want the same lawyer to represent them. It is unethical for an attorney to represent the driver and an injured person in a personal injury lawsuit. motor vehicle accident lawsuit springfield has a conflict. This can be resolved by creating a separate contract between each client. Alternately, each client can hire his or her own lawyer to make a claim against the adverse driver.
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