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Motor Vehicle Powers of Attorney
Frequently, multiple parties share responsibility for an accident. In these cases, a jury could award damages to the injured party in proportion to their percentage of negligence.
Even though DMV hearings aren't related to criminal court, a skilled NYC traffic lawyer can make a significant difference in the outcome of your case. Gannes & Musico, LLP has extensive experience in representing clients in these hearings.
Power of Attorney
The power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may grant a broad or limited range of powers and must be drafted according to State law. The document must be signed by the signer or notarized by a notary public or a witness. A motor vehicle power-of-attorney gives the agent the authority to perform vehicle-related duties that may include selling a vehicle. You can create an Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. You could also ask someone to help you prepare it.
Third parties may refuse to comply with Powers Of Attorney. This could be due to several reasons. In some instances it can cause harm to the principal. The third party could be held accountable for damages.
To avoid this it is essential that the Power of Attorney include language that states that the agent is not able to take title to any real property or other asset owned by the principal unless specified otherwise in the document. The document should also mention that the agent is required to provide a third party with a summary on any transactions or other matters in which they act 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 an alcohol test) You can request an appeal hearing to contest the decision. These hearings are conducted either in-person or over the phone, and usually conducted by a driver safety hearing officer from DMV. In the hearing, DMV goes first, presenting all of its evidence against you including any testimony of witnesses it has subpoenaed. Then, you can present affirmative evidence, including documents, witnesses or even your testimony. You may also present closing arguments to attack DMV and ask questions to the hearing officer.
motor vehicle accident law firm san mateo are more likely win the DMV hearing if you employ an attorney. An attorney can assist in determining whether there were any mistakes made by the police in your case during your arrest. For instance they might not have informed you that you could lose your license if declined a breath sample.
While you're not legally required to use a lawyer for a DMV hearing, hiring a NYC DMV attorney can make the process much simpler. An attorney is knowledgeable about all the laws that apply to these cases and can help you effectively present your case. Additionally, they can help you 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 guilty of specific traffic offenses or legal violations. Typically the suspension or revocation is in effect until you have completed all the steps required to get your license back.
The state in which you live, there are many different reasons your driver's licence may be suspended. In states that require points, for instance having too many points could result in the suspension. A judge can also suspend your license for an offense in traffic. In most instances, the court will allow you to drive with a restricted driving license during the period of suspension or revocation.
In certain states, your license could be revoked if you have been convicted of specific crimes like DUIs or vehicular manslaughter. Additionally your license could be revoked if you fail to pay back child support or other civil debts. The license may be suspended if you suffer from a medical issue that renders you unfit to operate an automobile.
Your New York lawyer will help you to determine the status of your license and the best to proceed. They will explain to you that in most cases, if your license was suspended, you have the right to an hearing at the DMV.
Representation
A representation letter is a very important document that an attorney must send to the person he plans to sue. The letter informs the other party that they have a representative who will represent them. It also allows the lawyer to request information and documents from the other party.
Many motor vehicle accident claims are based on negligence, a tort. Negligence is defined as inability to exercise the level of care a prudent person would have applied in the same circumstances. Accidents in the automobile are usually caused or contributed to by a variety of factors. A driver's fault could be driving under the influence of alcohol or drugs speeding, or not paying attention to traffic signs. Other reasons include distracted driving such as using a cellular phone or attempting to apply makeup while driving.
In certain instances there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. It is, however, ethically improper for one attorney to represent both the passenger and a driver in a personal injury case. This is because each client has an interest conflict. This can be avoided by making separate agreements between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.
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