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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 jurors can award damages to the victim in proportion to their percentage of negligence.

Even though DMV hearings do not require criminal court, a knowledgeable NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has years of experience representing clients at these hearings.

Power of Attorney

A power of attorney is a legal document that allows an individual to authorize another to perform acts in his or her name. The document can grant a broad or limited range of powers and must be prepared in accordance with the law of the State. The document must be signed by the signer or notarized by a notary or witness. A motor vehicle power of attorney gives the agent authority to handle the responsibilities of a vehicle and could include the power to sell a car for instance. You can prepare the Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or visit a free legal website such as eForms.com or NYLawHelp. You can also request someone to prepare it.

Third parties can refuse to respect Powers Of Attorney. This could be due to a variety of reasons. In some instances, the refusal causes harm to the Principal and the third party could be held liable for those damages.

To prevent this from happening, to prevent this from happening, the Power of Attorney should include language that states that the agent is not able to claim title to any real estate or property owned by the principal, unless specifically specified in the document. The document should also mention that the agent must provide a third party with the details of every transaction and other matter that they perform on behalf of their principal.

DMV Hearings

You are entitled to an appeal hearing If DMV makes a decision that is discretionary against you (such as refusal to take breathalyzer testing). These hearings can be conducted in person or via the phone, and are typically held in front of a DMV driver safety hearing officer. The hearing is conducted by DMV will first present all of its evidence against you including any testimony of witnesses it has subpoenaed. Then, you get to present evidence of affirmative nature (documents, witnesses or your own testimony) challenge the case of DMV in closing arguments and ask questions of the hearing officer.

It is more likely that you will win the DMV hearing if hiring a lawyer. A lawyer can assist you to determine if the police officers involved in your case made any errors during your arrest, for instance, not clearly advising you that your driver's license could be suspended if you refused to take a breath test.

While motor vehicle accident attorney oakland are not legally required to have a lawyer for a DMV hearing, hiring an NYC DMV attorney can make the process much easier. An attorney is well-versed in the laws that govern these kinds of cases, and will assist you in present your case as efficiently as is possible. Additionally, they will assist you in avoiding being unfairly penalized by the DMV.


License Suspension

The Department of Motor Vehicles can suspend your driving privileges and license if you're found guilty of specific traffic offenses or legal violations. The suspension or cancellation of your license will usually remain in place until you have completed all the necessary steps to obtain it back.

Your driver's license can be suspended for many reasons, based on the state in which you reside. States that use points, for example the accumulation of too many points can cause being suspended. In addition to that, a judge may ordain your license to be suspended for a traffic offense. In the majority of instances the court will let you to drive under a restricted driving license during the suspension or the revocation.

In some states, your driver's license can be revoked if you have been found guilty of certain crimes like DUIs or vehicular manslaughter. Your license could also be revoked when you fail to pay back child support or other civil debts. It is also possible to lose your license if suffer with a medical condition that makes driving a car unsafe.

Your New York lawyer can help you determine the condition of your license and the best method to take. They will explain to you that in the majority of cases, if your license was suspended, you are entitled to a hearing at the DMV.

Representation

A representation letter is a very important document that attorneys send to the person they plan to sue. This puts the other party on notice that they now have a representative who will speak on their behalf, and it also allows the lawyer to request documents and other information from that party.

Many motor vehicle accident claims are caused by negligence, which is which is a tort. Negligence is defined as a inability to exercise the level of care that would be expected of a person who is reasonably prudent in the same circumstances. Accidents in the automobile are usually caused or influenced through a variety factors. For instance, driver's negligence can include driving impaired by alcohol or drugs, or speeding or not paying attention to traffic signals. Other causes include driving distracted, such as using a mobile phone or attempting to put on makeup while driving.

There are certain instances where two people who are injured in a car accident need the same attorney to represent them. But, it is ethically wrong for a single attorney to represent both a driver and passengers in a personal injury case. This is due to each client having conflicts of interest. This can be resolved by creating a separate contract between each client. Alternately, each client can employ their own lawyer to make a claim against the driver that caused the issue.

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