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Motor Vehicle Powers of Attorney A number of parties are often at fault for an accident In such cases the jury can distribute the damages awarded to the victim by determining their percentage of negligence Although DMV hearings dont involve criminal court a skilled NYC traffic lawyer can make a big difference in the outcome Gannes Musico LLP has many years of experience representing clients at these hearings Power of Attorney A power of attorney is a document that permits the person to authorise another to act in his or her name The document may grant broad or limited powers and must be prepared according to the laws of the state The document must be signed or notarized by a notary public or a witness A motor vehicle powerof attorney grants the agent the power to perform duties related to vehicles that may include selling a vehicle You can create an Power of Attorney by yourself by contacting your local Department of Motor Vehicles or go to a legal website such as eFormscom or NYLawHelp Alternatively you can ask someone else to do the work for you Third parties may refuse to honor Powers Of Attorney It could be because of many reasons In some cases the refusal causes harm to the Principal and the third party may be held liable for damages To prevent this from happening it is crucial to ensure that the Power of Attorney include language indicating that the agent cannot claim title to any real estate or other property owned by the principal unless explicitly stated in the document The document should also state that the agent is required to submit to a third party the details of all transactions and other issues that they handle on behalf of their principal DMV Hearings If DMV or other agency makes a decision that is discretionary against your driving privilege such as suspension of your license for refusing to take a breath test you have the right to have a hearing to challenge the decision These hearings can be conducted in person or via telephone and are usually held before a driver safety hearing officer from DMV At the hearing DMV begins by presenting all of its evidence against you including any witness testimony it has subpoenaed You then have the option of presenting affirmative evidence such as witnesses documents or your testimony You may also present closing arguments to challenge DMV and ask questions to the judge Achieving a DMV hearing is dependent on the circumstances of your case but you are more likely to win when you have an attorney An attorney can help you determine if any mistakes were made by the officers in your case during your arrest For instance they may not have informed you that you could lose your license if you refused to take a breath test Although you arent legally required to hire an attorney present at the DMV hearing hiring a NYC DMV attorney can make the process simpler An attorney is knowledgeable about all laws applicable to these kinds of cases and will help you make your case convincingly They can also help you avoid being unfairly penalized by the DMV Suspension of License If you are found guilty of certain traffic or legal offenses that are deemed to be illegal the Department of Motor Vehicles may suspend your license and driving privileges The suspension or the revocation of your license will normally remain in place until you have completed all the necessary steps to obtain it back Your drivers licence can be suspended for a variety of reasons depending on where you live In states that rely on points for instance excessive accumulation of points could cause a suspension A judge can also detain your license in the event of an offense in traffic In most cases the court will let you to drive on a restricted driving permit during your suspension or the revocation In certain states your license could be revoked for certain offenses such as DUIs and vehicular manslaughter Additionally the license could be revoked if you fail to pay back child support or other civil debts The license may also be revoked if have a medical condition that makes it unsafe for you to operate in a vehicle Your New York lawyer can help you determine the status of your license and the best way to proceed The lawyer will explain that in most cases youre entitled to an hearing before the DMV if your license is being suspended motor vehicle accident law firm oakland is a very important document that an attorney sends to the person they plan to sue The letter informs the other party that they have a representative that will speak on their behalf It also permits the lawyer to request documents and information 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 degree of care expected of a person who is reasonably prudent in similar circumstances Automobile accidents usually involve multiple factors that could cause or contribute to the incident For instance a drivers negligence may include driving impaired by alcohol or drugs speeding or not paying attention to traffic signals Other reasons include distracted driving such as using a mobile phone or attempting to apply makeup while driving In some instances two people who are injured in an accident in a car want the same lawyer to represent them It is not ethical for an attorney to represent both a driver and an individual in a personal injury lawsuit Each client has a conflict This can be avoided by drafting separate agreements for each client In addition passengers can employ their own lawyers to file a suit against the driver
