Notes

10 Motor Vehicle Lawyer That Are Unexpected
Motor Vehicle Powers of Attorney

Frequently, multiple parties share responsibility for an accident. In these cases, a jury could award damages to the injured party in proportion to their percentage of negligence.

Although DMV hearings do not involve criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.

Power of Attorney

A power of attorney is a legal document that allows the person to authorise another to act in his or her name. The document can grant a broad or limited set of powers and must be prepared in accordance with the law of the State. It must also be notarized and signed in the presence of a notary or witness public. A motor vehicle power of attorney gives an agent the power to handle vehicle-related responsibilities and may include the power to sell a vehicle, for example. You can prepare the Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or you can use a legal website like eForms.com or NYLawHelp. Alternatively, you can hire someone else to handle the work for you.

Third parties sometimes refuse to comply with Powers of Attorney. This can be for various reasons. In some cases the refusal can cause harm to the Principal, and the third party could be held responsible for the damages.

To avoid this to avoid this, it is essential that the Power of Attorney include language which states that the agent will not be the owner of any real estate or other property that is owned by the principal unless otherwise stated in the document. The document should also stipulate that the agent has to submit to an outside party a detailed report of all transactions as well as any other circumstances in which they are acting on behalf of the principal.

DMV Hearings

You have the right to appeal a decision when DMV orders discretionary action against you (such as a license suspension for refusing breathalyzer testing). These hearings are conducted either in person or via phone, and usually held in front of a driver safety hearing officer from DMV. DMV will present all its evidence against the person, including witnesses it has subpoenaed, at the hearing. It's your turn to present evidence of affirmative nature (documents or witnesses, or even your own testimony), attack DMV's case in closing arguments and ask questions to the hearing officer.

You are more likely win a DMV hearing if hiring a lawyer. An attorney can assist you to determine if the police officers who were involved in your case committed mistakes during your arrest, for instance, not clearly informing you that your license would be suspended if you refuse to take an alcohol test.

Although you aren't legally required to hire an attorney for an DMV hearing, hiring a NYC DMV attorney can make the process much simpler. An attorney is well-versed in the laws that govern these types of cases, and can assist you to present your case as efficiently as possible. They can also assist you to 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 found to be guilty of certain traffic offenses or legal violations. Typically, the suspension or revocation will remain in effect until you've completed all required steps to get your license reinstated.

Depending on the state where you live there are a variety of reasons why your driver's license may be suspended. For instance states that utilize points system, the accumulation of too many points can result in an automatic suspension of your license. A judge may also revoke your license in the event of an offense in traffic. In the majority of instances, a judge will allow you to drive with a limited driving license during the period of your suspension or cancellation.

In motor vehicle accident attorneys lauderhill , your driver's license can be revoked if you have been convicted of specific crimes, such as DUIs or vehicular murder. Additionally your license may be suspended if you have not paid back child support or other civil debts. You may also lose your license if you are suffering from a medical condition which makes driving a car unsafe.

Your New York lawyer will help you determine the state of your license and determine the best to proceed. The lawyer will explain that in many circumstances, you are entitled to a hearing before the DMV in the event that your license is suspended.

Representation


A representation letter is a crucial piece of paper that a lawyer sends to the party they will be suing. This puts the other party on notice that they have a representative that will speak on their behalf and allows the lawyer to request information and documents from that party.

Many motor vehicle accident cases are based on the tort concept of negligence. Negligence can be defined as failure to use the degree of care that a reasonably prudent person would have used in similar circumstances. Accidents involving cars often involve multiple elements that could lead to or contribute to the incident. For example, a driver's negligence may include driving when impaired by alcohol or drugs, speeding, or not paying attention to traffic signals. Distracted driving, like using your cellular phone while driving, or applying makeup, is another factor.

In some cases there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. However, it's ethically wrong for a single attorney to represent both a passenger and a driver in a personal injury lawsuit. This is because each client has conflicts of interest. This can be overcome by creating a separate contract between each client. Or, each person can hire his or her own lawyer to make a claim against the driver that caused the issue.

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