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Motor Vehicle Powers of Attorney
There are many parties that are responsible for the accident. In these situations the jury may award damages to the victim depending on their percentage of negligence.
Even though DMV hearings are not a part of criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has extensive experience in representing clients in these proceedings.
Power of Attorney
A power of attorney is a legal document that allows a person to authorize another to perform actions in his or her name. The document may confer broad or limited powers, and must be prepared in accordance with the state's law. The document must be signed or notarized by a notary public or a witness. A motor vehicle power of attorney grants the agent authority to handle the responsibilities of a vehicle and could include the power to sell a car for example. You can make an Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. Alternately, you can request someone else to complete the task for you.
Third parties sometimes refuse to respect Powers of Attorney. This could be due to several reasons. In some instances it can cause harm to the principal. The third party could be held accountable for these damages.
To prevent this from happening, to prevent this from happening, the Power of Attorney should include language that states that the agent is not able to assume title to any real estate or property owned by the principal, unless explicitly stipulated in the document. The document should also specify that the agent should submit to an outsider a summary of all transactions and any other circumstances in which they are acting on behalf of the principal.
DMV Hearings
You have the right to appeal a decision If DMV decides to take a discretionary action against you (such as refusal to take breathalyzer testing). Hearings can be held in person or over the telephone, and are usually held in front of an DMV driver safety hearing officer. DMV presents all its evidence against the person, including witnesses it has subpoenaed, at the hearing. You can then present affirmative evidence, including documents, witnesses or even your testimony. You may also present closing arguments to smear DMV and ask questions to the hearing officer.
You are more likely to prevail at in a DMV hearing if you engage an attorney. An attorney can assist you to determine if the officers involved in your case committed any mistakes during your arrest, like not letting you know that your license will be suspended if you refuse to take an alcohol test.
While you are not legally required to use an attorney for the DMV hearing, hiring a NYC DMV attorney can make the process easier. An attorney is knowledgeable about the laws that apply to these types of cases and can help effectively present your case. In addition, they can assist you in avoiding being unfairly penalized by the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your driving privileges and license when you are found guilty of certain traffic offenses or legal violations. The suspension or the revocation of your license will usually remain in place until you have completed the necessary steps to get it back.
Depending on the state in which you live, there are many different reasons your driver's licence could be suspended. In states that use points, for example the accumulation of too many points can result in being suspended. Additionally an judge could also order your license to be suspended in the event of a traffic violation. In most cases the court will let you to drive on restricted driving permits during your suspension or revocation.
In some states, your license may be suspended if you've been found guilty of certain crimes like DUIs or vehicular manslaughter. Additionally your license may be suspended if you have not paid back child support or other civil debts. Your license may be suspended if you suffer from a medical condition that renders you unfit to operate an automobile.
Your New York lawyer can help you determine the condition of your license and the best method to take. They will explain that in many circumstances, you are entitled to an interview with the DMV if your license is being suspended.
Representation
A representation letter is a very important document that an attorney sends to the person he plans to sue. motor vehicle accident law firm deltona puts the other party in the loop that they now have a representative who will represent them, and it also allows the attorney to ask for details and documents from that party.
Many motor vehicle accident cases are built on the tort principle of negligence. Negligence is defined as the failure to use the degree of care that a reasonably prudent person would have used under similar circumstances. Accidents in the automobile are usually caused or contributed to by a variety of factors. For example, a driver's negligence may include driving while impaired by alcohol or drugs, speeding, or disregarding traffic signals. Driving distracted, like using your cell phone while driving, or applying makeup is a different aspect.
There are some instances in which two victims in a car accident would like the same attorney to represent them. It is unethical for an attorney to represent a driver as well as an injured person in a personal injury claim. Each client has a conflict. This can be resolved by creating a separate agreement between each client. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.