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Motor Vehicle Powers of Attorney
Often there are multiple parties who share the blame for an accident. In these instances jurors can award damages to the victim according to their percentage of negligence.
Although DMV hearings are not a part of criminal court, a knowledgeable NYC traffic lawyer can make a big difference in the outcome. 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 may confer broad or limited powers, and must be drafted in accordance to state law. The document must be signed by the signer or notarized before a notary public or witness. A motor vehicle power of attorney gives the agent the authority to take care of the responsibilities of a vehicle and could include the power to sell a car for example. If you want to prepare an Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free online legal website such as eForms or NYLawHelp. You could also ask someone to prepare it.
Third parties can refuse to accept Powers of Attorney. It could be because of a number of reasons. In some instances the refusal can cause harm to the Principal, and the third party could be held liable for those damages.
To prevent this from happening, to avoid this, Power of Attorney should include words that state that the agent will not assume title to any real estate or property owned by the principal unless explicitly specified in the document. The document should also stipulate that the agent must report to a third party a summary on every transaction and other matter in which they act on behalf of their principal.
DMV Hearings
If DMV orders a discretionary action against your driving privilege (such as a license suspension for refusing to take a breath test) You can request have a hearing to challenge the decision. These hearings can take place in person or via the telephone, and usually conducted by the DMV driver safety hearing officer. DMV provides all evidence against the person, including any witnesses it has subpoenaed during the hearing. Then it's your turn to present affirmative evidence (documents or witnesses, or your own testimony), attack DMV's case in closing arguments, and ask questions to the hearing officer.
In the end, winning a DMV hearing is largely contingent on the circumstances of your case, but you are more likely to prevail when you have an attorney. A lawyer can help you to determine if the officers involved in your case made any errors during your arrest, such as not letting you know that your driver's license could be suspended if you refused to take the breath test.
While you aren't legally required to have an attorney at a DMV hearing under the law having a NYC DMV lawyer will make the process much easier. A lawyer is well-versed in all laws applicable to these cases and can help you effectively present your case. Additionally, they can help you avoid being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of specific violations of the law that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will generally remain in effect until you have completed all the required steps to get it back.
Your driver's license can be suspended for many reasons, depending on where you live. For instance, in states that use points-based systems, the accumulation of too many points could lead to a license suspension. In addition an judge could also order your license to be suspended for a traffic offense. In the majority of instances, the court will permit you to drive on a limited driving permit during the time of suspension or suspension or revocation.
In some states, your driver's license can be revoked if been convicted of certain crimes like DUIs or vehicular murder. Your license can also be revoked if you are unable to pay back child support, or any other civil debts. The license may be revoked in the event that you suffer from a medical issue that makes it unsafe for you to operate the vehicle.
Your New York lawyer will help you determine the state of your license and the best to proceed. The lawyer will explain to you that in most cases, if your license is suspended, you have the right to an hearing at the DMV.
Representation
A representation letter is an important piece of paper that a lawyer delivers to the person they will be suing. This notifies the other party that they have a representative that will represent them. It also allows the lawyer to request documents and information from the other party.
Many motor vehicle accident claims are result of negligence, which is a tort. Negligence can be defined as inability to exercise the level of care a prudent person would have employed in the same situation. Car accidents are often caused or influenced by a variety of factors. A driver's negligence may include driving under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic signs. Other reasons include distracted driving such as using a mobile phone or trying to put on makeup while driving.
In some instances there are instances where two victims of an accident with a vehicle need the same lawyer to represent them. motor vehicle accident attorney long beach is unethical for an attorney to represent a driver as well as an injured person in a personal injuries claim. This is due to each client having an interest conflict. This can be overcome by creating a separate agreement between each client. Alternately, each client can hire his or her own lawyer to make a claim against the driver that caused the issue.
Read More: https://vimeo.com/707187238
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