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Motor Vehicle Powers of Attorney There are many parties that are responsible for the accident In these instances a jury could award damages to the victim according to their percentage negligence Even though DMV hearings dont involve criminal court a knowledgeable NYC traffic lawyer can make a huge difference in the outcome Gannes Musico LLP has many years of experience representing clients in these hearings Power of Attorney The power of attorney is a legal document that permits one person the principal to authorize another person the agent to perform actions on his or her behalf The document can confer broad or limited powers and must be drafted according to the laws of the state The document must be signed by the signer or notarized by a notary public or a witness A motor vehicle power of attorney grants the agent authority to handle carrelated obligations and could also include the power to sell a car for example You can prepare the Power of Attorney by yourself by contacting your local Department of Motor Vehicles or use a free legal website like eFormscom or NYLawHelp You can also hire someone else to handle the work for you Third parties sometimes refuse to honor Powers of Attorney This could be due to various reasons In some instances a refusal can cause harm to the Principal The third party may be held accountable for damages To prevent this from happening to avoid this the Power of Attorney should include language that states that the agent cant assume title to any real estate or property owned by the principal without being specifically specified in the document The document should also state that the agent has to submit to an outside party a report of all transactions and other issues in which they act on behalf of the principal DMV Hearings If DMV orders a discretionary action against your right to drive such as license suspension due to refusing to take breath tests You have the right to an appeal hearing to contest the decision Hearings are held in person or over the telephone and are usually conducted in front of an DMV driver safety hearing officer DMV presents all its evidence against the person including witnesses it has subpoenaed during the hearing Then its your turn to present affirmative evidence documents witnesses or your own testimony to attack DMVs evidence in closing arguments and ask questions to the hearing officer Achieving the DMV hearing depends largely on the circumstances of your case however you are more likely to prevail when you have an attorney A lawyer can help determine whether there were any mistakes made by the police during your arrest For example they may not have told you that you would lose your license if you refused to take a breath test Although you arent required to bring an attorney present at a DMV hearing by law having a NYC DMV lawyer can help make the process simpler An attorney is knowledgeable about all the laws that apply to these cases and will help you present your case in a professional manner In addition they can help you avoid being unfairly penalized by the DMV Suspension of License The Department of Motor Vehicles can suspend your driving privileges and license if you are found guilty of specific traffic offenses or legal violations The suspension or cancellation of your license will normally remain in place until you have completed all the necessary steps to get it back Depending on the state in which you live there are a variety of reasons that your drivers permit may be suspended In states that use points for instance having too many points could cause a suspension A judge can also take away your license for traffic violations In the majority of instances a judge will allow you to drive using a restricted driving license during the period of suspension or the revocation In certain states your license can be suspended if youve been convicted of specific crimes like DUIs or vehicular manslaughter In addition the license could be revoked if you fail to pay back child support or other civil debts You may also lose your license if suffer with a medical condition that makes driving a vehicle unsafe Your New York lawyer will help you determine the state of your license and how best to proceed He or she will explain to you that in the majority of cases if your license has been suspended you have the right to an hearing at the DMV Representation A representation letter is an important document that an attorney sends to the person he plans to sue This puts the other party in the loop that they now have a representative who will speak on their behalf and allows the lawyer to request details and documents from that party Many motor vehicle accident cases are based on the tort concept of negligence Negligence is defined as inability to exercise the level of care that a reasonably prudent person would have applied under similar circumstances Automobile accidents often involve multiple factors which may cause or contribute to the accident The negligence of a driver could be driving under the influence of drugs or alcohol driving too fast speeding up or not obeying traffic warnings motor vehicle accident lawsuit shreveport include distracted driving such as using a mobile phone or attempting to apply makeup while driving In some cases two people who are injured in an accident in a vehicle want the same lawyer to represent them It is not ethical for an attorney to represent a driver as well as an injured person in a personal injuries claim This is due to each client having conflicts of interest This can be resolved by establishing a separate contract between each client In addition each passenger could employ their own lawyer to make a claim against the driver that caused the issue
