What Experts Say You Should Be Able To

Motor Vehicle Powers of Attorney

Frequently it is the case that multiple parties share responsibility for an accident. In these instances jurors can award damages to the injured party according to their percentage negligence.

Although DMV hearings are not criminal court-related, an experienced NYC traffic attorney can make a substantial impact on the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these proceedings.

Power of Attorney

A power of attorney is a document that permits a person to authorize another to perform acts in his or her name. The document can grant a wide or limited power and must be prepared according to State law. The document must be signed or notarized in front of a notary public or witness. A hugo motor vehicle accident attorney vehicle power of attorney gives the agent authority to handle car-related obligations and could also include the power to sell a vehicle, for example. You can make the 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. You can also hire someone else to handle the work for you.

Third parties may not respect Powers of Attorney. This could be due to various reasons. In some instances, the refusal causes harm to the Principal, and the third party may be held accountable for the damages.

To prevent this from happening, the Power of Attorney should include language that states that the agent can't take title to any property or real estate owned by the principal, unless specifically stipulated in the document. The document should also state that the agent has to submit to an outside party a detailed report of all transactions, as well as any other issues in which the agent acts on behalf of the principal.

DMV Hearings

You have the right to appeal a decision when DMV decides to take a discretionary action against you (such as a license suspension for refusing breathalyzer testing). These hearings can be conducted in person or via phone, and are typically held in front of a driver safety hearing officer from DMV. In the hearing, DMV begins by presenting all evidence it has against you, including any witness testimony it has subpoenaed. Then, you can present affirmative evidence, including witnesses, documents, or your testimony. You can also make closing arguments to smear DMV and ask questions to the judge.

You are more likely to prevail at the DMV hearing if hiring an attorney. A lawyer can help to determine if the officers involved in your case committed any mistakes during the arrest, such as not indicating clearly that your license would be suspended if it was not possible to take an breath test.

While you aren't required to have an attorney at an DMV hearing under the law hiring a NYC DMV lawyer can help make the process simpler. A lawyer will be well-versed with the laws applicable to these kinds of cases and can assist you to present your case as effectively as you possibly can. Additionally, they will assist in preventing you from being unfairly penalized by the DMV.

Suspension of License

If you are accused of certain violations of the law or other violations, the Department of miami lakes motor vehicle accident law firm Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will usually remain in place until you have completed the steps required to get it back.

Depending on the state where you live, there are many different reasons that your driver's license could be suspended. In states that rely on points, for example the accumulation of too many points can lead to the suspension. A judge can also suspend your license in the event of a traffic violation. In most instances the court will let you to drive with restricted driving permits during your suspension or revocation.

In certain states, your license may be suspended if you've been convicted of specific crimes, such as DUIs or vehicular murder. Your license can be revoked if don't pay child support, or any other civil debts. You can also lose your license if you suffer from a medical condition which makes driving a car unsafe.

Your New York lawyer will help you to determine the status of your license and how best to proceed. He or she will explain to you that in the majority of instances, if your license is suspended, you have the right to a hearing at the DMV.

Representation

A representation letter is an important piece of paper that a lawyer sends to the person they will be suing. This puts the other party on notice that they have a representative that will speak on their behalf and also allows the attorney to ask for information and documents from that party.

Many motor vehicle accident claims are based on negligence, which is a tort. Negligence is defined as lack of using the level of care that a reasonably prudent person would have employed in the same situation. Automobile accidents often involve multiple factors that could cause or contribute to the accident. For instance, driver's negligence could include driving when impaired by alcohol or drugs, speeding or disregarding traffic signals. Other factors include distracted driving like using a cell phone or trying to apply makeup while driving.

In some cases when two people are injured in an accident in a vehicle would like the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as the other person in a personal injuries claim. Each client is in conflict. This can be overcome by creating a separate agreement between each client. Alternately, each client can hire his or her own lawyer to file a lawsuit against the driver who caused the problem.