motor vehicle accidents Vehicle Powers of Attorney

Multiple parties are often responsible for an accident. In these instances the jury may award damages to the victim in proportion to their percentage of negligence.

Even though DMV hearings aren't associated with criminal court, a seasoned NYC traffic attorney will make a major difference in the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.

Power of Attorney

The power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document may confer broad or limited powers and must be drafted in accordance with the state's law. The document must be signed or notarized in front of a notary public or witness. A motor vehicle power of attorney gives the agent authority to handle vehicle-related responsibilities and may include the power to sell a car for example. If you're planning to draft the Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free online legal website like eForms or NYLawHelp. You can also request someone to prepare it.

Third parties sometimes refuse to respect Powers of Attorney. This could be due to a variety of reasons. In some cases the refusal may cause harm to the Principal and the third party can be held responsible for the damages.

To prevent this from happening to avoid this, to avoid this, the Power of Attorney should include specific language that says that the agent will not take title to any property or real estate owned by the principal, unless explicitly stated in the document. The document should also state that the agent must report to a third party an overview of all transactions and other issues that they perform on behalf of their principal.

DMV Hearings

If DMV or other agency makes a decision that is discretionary against your driving privilege (such as license suspension due to refusing to take a breath test) You are entitled to a hearing to challenge the decision. These hearings can be conducted in-person or over the phone, and are typically held in front of a driver safety hearing officer from DMV. At the hearing, DMV begins by presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. You then have the option of presenting affirmative evidence, including documents, witnesses or your testimony. You can also make closing arguments to challenge DMV and ask questions to the judge.

The outcome of a DMV hearing is dependent on the circumstances of your case, however you are more likely to prevail when you have an attorney. A lawyer can help you to determine if the police officers involved in your case made any mistakes during the arrest, like not clearly informing you that your license could be suspended if it was not possible to take a breath test.

While you're not legally required to hire a lawyer for a DMV hearing, hiring an NYC DMV attorney will make the process simpler. An attorney is well-versed with the laws applicable to these kinds of cases, and will assist you in present your case as efficiently as is possible. Additionally, they will help to prevent you from being unfairly penalized by the DMV.

License Suspension

If you are found guilty of certain criminal or traffic violations, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or cancellation of your license will typically remain in effect until you've completed the necessary steps to obtain it back.

The state in which you live there are a variety of reasons that your driver's license could be suspended. For instance, in states that use points-based systems, the accumulation of too many points may result in an automatic suspension of your license. A judge can also suspend your license due to an offense in traffic. In most instances, the court will permit you to drive using a restricted driving permit during the time of your suspension or the revocation.

In certain states, your license may be revoked in certain cases, such as DUIs and vehicular manslaughter. In addition, your license can be suspended if you have not paid back child support or other civil debts. You can also lose your license if suffer from a medical condition which makes driving a vehicle unsafe.

Your New York lawyer can help you determine the validity of your license and the best way to proceed. The lawyer will explain that in most instances, you are entitled to an interview with the DMV if your license is being suspended.

Representation

A representation letter is an important document that an attorney sends to the person they want to sue. This puts the other party on notice that they have a representative that will speak on their behalf, and it also allows the lawyer to request documents and information from the party.

Many motor vehicle accident claims are result of negligence, which is a tort. Negligence is defined as a failure to exercise the degree of care expected from someone who is prudent in the same circumstances. Accidents in the automobile are usually caused or contributed to by multiple factors. A driver's negligence could include driving while under the influence of drugs or alcohol speeding, or not paying attention to traffic signs. Driving distracted, like using a cell phone while driving or applying makeup, is a further factor.

There are situations where two people who are injured in a car accident need the same lawyer to represent them. It is, however, ethically wrong for a single attorney to represent both the driver and passengers in a personal injury lawsuit. Each client has a conflict. This can be avoided by drafting separate agreements for each client. Or, each person can hire his or her own lawyer to file a lawsuit against the driver who was at fault.