Motor Vehicle Powers of Attorney
Many parties are usually responsible for the accident. In these instances the jury can distribute the amount of damages awarded to the victim based on their percentage of negligence.
Although DMV hearings do not involve criminal court, a knowledgeable NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico, LLP has extensive 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 can grant a wide or limited scope of powers and must be drafted in accordance with the law of the State. The document must be signed or notarized by a notary or witness. A motor vehicle power of attorney gives an agent the power to handle car-related obligations and could also include the ability to sell a car, for instance. You can draft a Power of Attorney on your own if you contact your local Department of Motor Vehicles, or visit a free legal website like eForms.com or NYLawHelp. Or, you could ask someone else to do the task for you.
Third parties can refuse to comply with Powers of Attorney. This can be due to various reasons. In certain situations the refusal could cause harm to the principal. The third party may be held accountable for these damages.
To avoid this to avoid this, it is essential that the Power of Attorney include language informing the agent that he or she cannot take title to any real property or other asset owned by the principal, unless specified otherwise in the document. The document should also state that the agent submits to an outside party a report of all transactions and other issues in which the agent acts on behalf of the principal.
DMV Hearings
If DMV orders a discretionary action against your right to drive (such as 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 by telephone, and are usually held before the DMV driver safety hearing officer. DMV presents all its evidence against the person, including witnesses it has subpoenaed during the hearing. Then you're able to provide evidence in support of your claim (documents and witnesses, or your own testimony) challenge the case of DMV in closing arguments and ask questions to the hearing officer.
It is more likely that you will win an DMV hearing if hiring a lawyer. A lawyer can assist you to determine if the police officers who were involved in your case committed any mistakes during your arrest, for instance, not clearly advising you that your license would be suspended if you refused to take a breath test.
While you are not legally required to have an attorney at the DMV hearing, hiring an NYC DMV attorney can make the process simpler. A lawyer will be well-versed regarding the laws governing these kinds of cases and can assist you to present your case as efficiently as is possible. They can also help you avoid being unfairly penalized at the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your driving privileges and license in the event that you are accused of certain traffic offenses or violations. Typically the suspension or revocation remains in effect until you've completed all required steps to get your license reinstated.
Based on the state in which you live, there are many different reasons that your driver's license can be suspended. For instance in states that employ points, the accumulation of too many points may result in a license suspension. A judge can also detain your license if there is traffic violations. In most instances, a judge will allow you to drive using a restricted driving permit during the time of your suspension or cancellation.
In certain states, your license may be revoked for certain crimes such as DUIs and vehicular manslaughter. The license can be revoked if are unable to pay back child support, or any other civil debts. You may also lose your license if are suffering from a medical condition which makes driving a vehicle unsafe.
motor vehicle accident attorneys round rock will help you determine the status of your license and how best to proceed. They will explain to you that in the majority of cases, if you're license was suspended, you have the right to an appointment with the DMV.
Representation
A representation letter is a crucial piece of paper that lawyers must send to the person they will be suing. This puts the other party on notice that they now have a representative who will speak on their behalf, and it also allows the lawyer to request details and documents from that party.
A lot of motor vehicle accident claims are based on negligence, which is a tort. Negligence is defined as failure to use the degree of care a prudent person would have used in the same situation. Accidents involving cars are usually caused or contributed to by a variety of factors. A driver's negligence could include driving under the influence of alcohol or drugs speeding, or not paying attention to traffic signs. Other factors include distracted driving such as using a mobile phone or attempting to apply makeup while driving.
There are certain instances in which two victims in a car accident would like the same lawyer to represent them. It is not ethical for an attorney to represent both a driver and the other person in a personal injury case. Each client has a conflict. This can be avoided by creating separate agreements between the clients. Alternately, each client can employ their own lawyer to bring a lawsuit against the driver who was at fault.