Notes

Motor Vehicle Lawyer Tips From The Top In The Business
Motor Vehicle Powers of Attorney

Multiple parties are often responsible for an accident. In these instances, a juror may award damages to the victim according to their percentage negligence.

Even though DMV hearings aren't connected to criminal court, an experienced NYC traffic lawyer will make a major impact on the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings.

Power of Attorney

The power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may grant broad or limited powers and must be drafted in accordance with the state's law. It must be signed and/or notarized the presence of a witness or notary public. A motor vehicle power-of-attorney grants the agent the power to perform duties relating to the vehicle that may include selling a vehicle. You can make a Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. motor vehicle accident law firm glendale can also request someone to prepare it.

Third parties may not accept Powers of Attorney. This can be for many reasons. In some instances the refusal could cause harm to the principal. The third party may be held responsible for these damages.

To avoid this, it is important that the Power of Attorney include language that states that the agent is not able to claim title to any real estate or other property owned by the principal unless specified otherwise in the document. The document should also state that the agent is required to report to a third party an account of every transaction and other matter that they conduct on behalf of their principal.

DMV Hearings


You are entitled to an appeal hearing when DMV or other agency decides to take discretionary action against you (such as an eviction of your license for refusing a breathalyzer). These hearings can take place in person or by telephone, and are usually conducted in front of the DMV driver safety hearing officer. The hearing is conducted by DMV will first present all evidence it has against you including any testimony of witnesses it has subpoenaed. Then, you get to present evidence of affirmative nature (documents or witnesses, or even your own testimony), attack DMV's case in closing arguments and ask questions of the hearing officer.

You are more likely to win in a DMV hearing if you engage an attorney. A lawyer can assist you to determine if the police officers who were involved in your case made any errors during your arrest, like not indicating clearly that your driver's license could be suspended if you refused to take the breath test.

Although you are not required to have an attorney present at a DMV hearing under the law, hiring a NYC DMV lawyer can make the process easier. An attorney is knowledgeable about the laws that apply to these kinds of cases and can help you present your case in a professional manner. They can also assist you to avoid being unfairly penalized at the DMV.

License Suspension

If you are found guilty of certain criminal or traffic offenses or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. Typically the suspension or revocation will remain in effect until the time you complete all the steps required to get your license back.

The state in which you live, there are many different reasons why your driver's license may be suspended. For instance states that utilize points, the accumulation of too many points can result in the suspension of your license. A judge may also revoke your license in the event of traffic violations. In the majority of instances, the court will allow you to drive with restricted driving permits during the suspension or the revocation.

In some states your license may be suspended for certain crimes, including DUIs and vehicular manslaughter. Additionally your license may be revoked for not paying back child support or other civil debts. Your license could also be revoked if you suffer from a medical issue that makes it unsafe for you to operate the vehicle.

Your New York lawyer can help you determine the condition of your license and the best method to take. They will explain that in many cases, you have the right to an hearing before the DMV in the event that your license is being suspended.

Representation

A representation letter is an important document that an attorney sends to the person they intend to sue. This puts the other party in the loop that they have a representative that will represent them and also permits the attorney to ask for documents and other information from that 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 expected of someone who is prudent in similar circumstances. Accidents in the automobile 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, speeding, or disregarding traffic signs. Other causes include driving distracted, like using a cell phone or trying to apply makeup while driving.

There are instances where two people who are injured in a car accident would like the same attorney to represent them. It is, however, ethically wrong for a single attorney to represent both a passenger and a driver in a personal injury case. This is because each client has conflicts of interest. This is avoided by drafting separate agreements for each client. Alternately, each client can hire their own lawyer to bring a lawsuit against the driver who caused the problem.

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