Motor Vehicle Powers of Attorney
Often it is the case that multiple parties share responsibility for an accident. In these cases, a juror may award damages to the injured party according to their percentage of negligence.
Although DMV hearings are not associated with criminal court, a seasoned NYC traffic lawyer can make a significant impact on the outcome of your case. Gannes & Musico, LLP has extensive experience in representing clients in these hearings.
Power of Attorney
A power of attorney is a legal document that allows an individual to authorize another to act 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 or notarized by a notary public or witness. A motor vehicle power-of-attorney gives the agent the authority to perform responsibilities related to vehicles, which may include selling a car. If you're planning to draft the Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a free legal website like eForms or NYLawHelp. You can also request someone to prepare it.
Third parties may refuse to respect Powers Of Attorney. This can be for various reasons. In some cases the refusal causes harm to the Principal, and the third party could be held responsible for the damages.
To avoid this it is essential to ensure that the Power of Attorney include language which states that the agent will not take title to any real property or other asset that is owned by the principal unless explicitly stated in the document. motor vehicle accident law firm san diego should also stipulate that the agent has to submit to an outside party a summary of all transactions and any other matters in which they are acting on behalf of the principal.
DMV Hearings
You are entitled to appeal a decision in the event that DMV orders discretionary action against you (such as an eviction of your license for refusing the breathalyzer test). These hearings are conducted either in-person or over the telephone, and are usually held before a driver safety hearing officer from DMV. At the hearing, DMV starts by presenting all evidence it has against you including any witness testimony it has subpoenaed. You can then present affirmative evidence, such as witnesses, documents, or your testimony. You may also present closing arguments in order to discredit DMV and ask questions to the hearing officer.
Achieving an DMV hearing depends largely on the facts of your case, but you are more likely to win by hiring an attorney. A lawyer can help to determine if the police officers involved in your case made any mistakes during the arrest, for instance, not clearly advising you that your driver's license could be suspended if it was not possible to take a breath test.
While you aren't legally required to use an attorney at the time of a DMV hearing however, hiring a NYC DMV lawyer can make the process more efficient. An attorney will be knowledgeable in the laws surrounding these kinds of cases, and can assist you to present your case as effectively as possible. They can also help you avoid being unfairly penalized at the DMV.
License Suspension
If you are found guilty of certain criminal or traffic offenses and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation remains in effect until the time you complete all necessary steps to obtain your license back.
Your driver's license may be suspended due to a variety of reasons, based on where you reside. In states that require points, for instance having too many points could result in a suspension. Additionally, a judge can also 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 certain states, your license can be revoked if you have been found guilty of certain crimes, such as DUIs or vehicular murder. In addition the license could be suspended if you have not paid back child support or other civil debts. It is also possible to lose your license if you suffer from a medical condition that can make driving a car unsafe.
Your New York lawyer can help you determine the status of license and the best way to proceed. They will explain that in most cases, you're entitled to a hearing before the DMV in the event of your license suspended.
Representation
A representation letter is a very important document that an attorney must send to the person they intend to sue. This informs the other side that they have a representative that will speak on their behalf. It also permits the lawyer to request information and documents from the other party.
Many motor vehicle accident cases are based on the tort concept of negligence. Negligence is defined as the failure to exercise the level of care that would be expected from someone who is reasonably prudent in the same circumstances. Accidents involving cars are usually caused or influenced by a variety of causes. For example, a driver's negligence may include driving while impaired by alcohol or drugs, speeding, or not paying attention to traffic signals. Other causes include driving distracted, such as using a mobile phone or trying to put on makeup while driving.
There are situations where two people injured in a car accident want the same lawyer to represent them. However, it's morally wrong for a single lawyer to represent both a passenger and a driver in a personal-injury claim. Each client has a conflict. This can be avoided by creating separate agreements between the clients. In addition, each passenger could hire his or her own lawyer to file a lawsuit against the driver who caused the problem.