Notes

15 Unexpected Facts About Motor Vehicle Lawyer That You Didn't Know About
Motor Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these instances the jury may award damages to the injured party in proportion to their percentage of negligence.

While DMV hearings aren't criminal court-related, an experienced NYC traffic lawyer will make a major difference in the outcome of your case. Gannes & Musico LLP has years of experience representing clients in these hearings.

Power of Attorney

A power of attorney is a document that permits an individual to authorize another to perform acts in his or her name. The document can grant a wide or limited scope of powers and must be drafted in accordance with State law. It must also be signed and notarized in the presence of a notary or witness public. A motor vehicle power-of attorney grants the agent the authority to perform duties related to vehicles, which may include selling a vehicle. You can create a Power of Attorney on your own if you contact your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. Alternatively, you can have someone else do the work for you.

Third parties can refuse to respect Powers of Attorney. This can be for a variety of reasons. In some cases it can cause harm to the principal. The third party may be held accountable for the damages.


To prevent this from happening, the Power of Attorney should include words that state that the agent will not assume title to any property or real estate owned by the principal unless specifically stated in the document. The document should also specify that the agent must report to a third party an overview of every transaction and other matter in which they act on behalf of their principal.

DMV Hearings

If DMV decides to take a discretionary action against your driving privilege (such as a license suspension for refusing to take a breath test) You are entitled to be heard to challenge the decision. Hearings can be held in person or by telephone, and usually conducted in front of a DMV driver safety hearing officer. motor vehicle accident attorney yonkers provides all evidence against the person, including witnesses it has subpoenaed, during the hearing. It's your turn to present evidence that is affirmative (documents and witnesses, or your own testimony) to attack DMV's evidence in closing arguments and ask questions of the hearing officer.

You are more likely to prevail at the DMV hearing if you hire a lawyer. An attorney can help you determine whether there were any mistakes made by the officers in your case during your arrest. For instance they might not have told you that you could lose your license if you refused to take a breath test.

While you're not legally required to employ a lawyer for the DMV hearing, hiring a NYC DMV attorney can make the process easier. A lawyer is well-versed in all the laws applicable to these cases and can help you effectively present your case. They can also help you avoid being unfairly penalized at the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your driving privileges and license if you are accused of certain traffic violations or other legal violations. Typically, the suspension or revocation will remain in effect until the time you complete all steps necessary to obtain your license back.

Based on the state in which you live there are a variety of reasons your driver's licence can be suspended. For instance states that have points, the accumulation of too many points can result in the suspension of your license. Additionally to that, a judge may require your license to be suspended for a traffic offense. In most instances, the court will allow you drive with a restricted driving license during your suspension or the revocation.

In some states your license may be revoked for certain crimes such as DUIs and vehicular manslaughter. In addition your license may be revoked for not paying back child support or other civil debts. You may also lose your license if are suffering with a medical condition that can make driving a car unsafe.

Your New York lawyer can help you determine the status of your license and the best way to proceed. He or she will explain that in many circumstances, you are entitled to an hearing before the DMV when your license is suspended.

Representation

A representation letter is an important document that an attorney must send to the person he plans to sue. It informs 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 large number of motor vehicle accidents are founded on the tort theory of negligence. Negligence can be defined as a inability to exercise the level of care that would be expected from a person who is reasonably prudent in similar circumstances. Car accidents typically involve a variety of factors which may cause or contribute to the accident. A driver's fault could be driving while under the influence of drugs or alcohol speeding, or not paying attention to traffic warnings. Driving distracted, for example, using your cellular phone while driving or applying makeup, is another aspect.

In some instances there are instances where two victims of an accident in a vehicle want the same lawyer to represent them. It is not ethical for an attorney to represent the driver and an individual in a personal injuries claim. This is due to each client having a conflict of interests. This can be avoided by making distinct agreements between each client. Alternatively, each passenger can employ their own lawyer to file a lawsuit against the driver who was at fault.

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