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Motor Vehicle Powers of Attorney


In many cases there are multiple parties who share the blame for an accident. In these instances the jury may decide to distribute the award of damages to the injured party according to their percentage of negligence.

Although DMV hearings are not related to criminal court, a skilled NYC traffic attorney can make a significant difference in the outcome of your case. Gannes & Musico, LLP has extensive experience 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 act on his or her behalf. The document may grant a broad or limited set of powers and must be drafted according to the laws of the state. The document must be signed by the signer or notarized in front of a notary public or a witness. A motor vehicle power of attorney gives the agent the authority to manage the responsibilities of a vehicle and could include the power to sell a vehicle, for example. If you want to prepare an Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free online legal website like eForms or NYLawHelp. You can also request someone to prepare it.

motor vehicle accident attorneys olathe may not comply with Powers of Attorney. This can be for many reasons. In some instances the refusal can cause harm to the Principal, and the third party may be held responsible for the damages.

To avoid this it is essential to ensure that the Power of Attorney include language informing the agent that he or she cannot be the owner of any real estate or other property owned by the principal unless explicitly stated in the document. The document should also provide that the agent should submit to an outside party a report of all transactions and other matters in which they act on behalf of the principal.

DMV Hearings

If DMV has a discretionary decision against your right to drive (such as a license suspension for refusing to take an alcohol test) you can request a hearing to challenge the decision. These hearings can be conducted in person or via the telephone, and usually held in front of an DMV driver safety hearing officer. DMV presents all its evidence against the person, including witnesses it has subpoenaed, during the hearing. You can then present affirmative evidence, such as witnesses, documents or your testimony. You may also present closing arguments to attack DMV and ask questions to the hearing officer.

Winning the DMV hearing is contingent upon the specifics of your case, however you are more likely to prevail by hiring an attorney. A lawyer can help determine whether there were any mistakes made by the officers during your arrest. For example they might not have told you that you would lose your license if you declined a breath sample.

Although you aren't required to have an attorney at the time of a DMV hearing under the law, hiring a NYC DMV lawyer can help make the process simpler. An attorney is well-versed in the laws surrounding these types of cases, and will assist you in present your case as efficiently as possible. They can also help you avoid being unfairly penalized at the DMV.

License Suspension

If you are found guilty of a specific criminal or traffic violations that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Usually, the suspension or revocation will stay in effect until the time you complete all necessary steps to obtain your license reinstated.

Depending on the state in which you reside, there are many different reasons that your driver's permit can be suspended. For instance in states that employ a point system, accumulation of too many points may result in an automatic suspension of your license. Additionally, a judge can also ordain your license to be suspended if you are convicted of a traffic crime. In the majority of instances, a judge will allow you to drive on a limited driving permit during the time of suspension or revocation.

In certain states, your license may be suspended for certain offenses, such as DUIs and vehicular manslaughter. In addition the license could be revoked for not paying back child support or other civil debts. You can also lose your license if you suffer with a medical condition that makes driving a car unsafe.

Your New York lawyer will help you determine the condition of your license and how best to proceed. He or she will explain to you that in the majority of instances, if your license has been suspended, you have the right to an appointment with the DMV.

Representation

A representation letter is a crucial piece of paper that lawyers send to the person they'll be suing. This puts the other party in the loop that they have a representative that will speak on their behalf and also permits the lawyer to request information and documents from that party.

Many motor vehicle accident claims are result of negligence, which is a tort. Negligence can be defined as failure to apply the same level of care that a prudent person would have used under similar 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 different factor.

In some cases there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. But, it is ethically unwise for one attorney to represent both the driver and passengers in a personal-injury claim. This is due to each client having a conflict of interest. This can be overcome by creating a separate agreement between each client. In addition, each passenger could hire their own lawyer to bring a lawsuit against the driver who was at fault.

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