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Motor Vehicle Powers of Attorney
Multiple parties are often responsible for the accident. In such situations the jury could distribute the award of damages to the injured party by determining their percentage of negligence.
Although DMV hearings are not connected to criminal court, an experienced NYC traffic lawyer will make a major impact on the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients in these hearings.
Power of Attorney
A power of attorney is a document that allows the person to authorize someone else to act in their name. The document may grant a broad or limited scope of powers and must be prepared according to State law. It must also be notarized and signed in the presence of a witness or notary public. A motor vehicle power-of attorney grants the agent the authority to perform duties relating to the vehicle including selling a car. You can prepare a Power of Attorney on your own if you contact your local Department of Motor Vehicles, or visit a free legal website such as eForms.com or NYLawHelp. Alternately, you can request someone else to complete the work for you.
Third parties are sometimes unable to accept Powers of Attorney. This can be for different reasons. In some instances the refusal can cause harm to the Principal, and the third party can be held accountable for the damages.
To prevent this from happening it is essential that the Power of Attorney include language that states that the agent is not able to be the owner of any real property or other asset that is owned by the principal unless explicitly stated in the document. The document should also state that the agent must provide a third party with a summary on any transactions or other matters that they perform on behalf of their principal.
DMV Hearings
If DMV decides to take a discretionary action against your driving privilege (such as suspension of your license for refusing to take the breath test) you are entitled to have a hearing to challenge the decision. These hearings can be conducted in person or via phone, and usually held in front of a driver safety hearing officer from DMV. The hearing is conducted by DMV goes first, presenting all evidence it has against you and any witness testimony it has subpoenaed. You are then able to present your own evidence, such as documents, witnesses or even your testimony. You may also present closing arguments to attack DMV and ask questions to the judge.
Achieving a DMV hearing is largely contingent on the circumstances of your case, however you are more likely to prevail when you have an attorney. An attorney can help you determine whether any mistakes were made by the officers in your case during your arrest. For instance they might not have informed you that you would lose your license if you did not take a breath test.
While you aren't legally required to use an attorney present at a DMV hearing hiring a NYC DMV lawyer can make the process easier. An attorney is well-versed in the laws surrounding these kinds of cases and will assist you in present your case as efficiently as is possible. They can also help you avoid being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of a specific criminal or traffic offenses and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. Typically motor vehicle accident law firm concord or revocation will stay in effect until you complete all steps necessary to obtain your license reinstated.
Your driver's license could be suspended for a variety of reasons, based on the state in which you live. For instance states that have a point system, accumulation of too many points could result in the suspension of your license. A judge may also revoke your license for a traffic violation. In the majority of instances, courts will permit you to drive with a restricted driving permit during the period of your suspension or revocation.
In some states your license may be suspended for certain crimes such as DUIs and vehicular manslaughter. Your license can be revoked if do not pay back child support, or other civil debts. Your license could be revoked in the event that you suffer from a medical condition which renders you unfit to operate an automobile.
Your New York lawyer can help you determine the status of your license and the best method to take. The lawyer will explain to you that in most cases, if you're license is suspended, you have the right to a hearing at the DMV.
Representation
A representation letter is an important document that an attorney must send to the person he plans to sue. This puts the other party on notice that they have a representative that will represent them and also allows the lawyer to request documents and information from the party.
Many motor vehicle accident claims are based on negligence, which is a tort. Negligence can be defined as a inability to exercise the standard of care expected of a person who is prudent in the same circumstances. Car accidents typically involve a variety of factors which may cause or contribute to the accident. A driver's negligence could include driving under the influence of alcohol or drugs, speeding, or disregarding traffic warnings. Distracted driving, such as using your cellular phone while driving, or applying makeup, is a further aspect.
There are some instances in which two people injured in a car accident need the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as the other person in a personal injury case. Each client has a conflict. This can be avoided by drafting separate agreements for each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.
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