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Motor Vehicle Powers of Attorney A number of parties are often at fault for an accident In these situations the jury could distribute the amount of damages awarded to the victim in proportion to their share of negligence Although DMV hearings are not criminal courtrelated an experienced NYC traffic attorney can make a significant impact on the outcome of your case Gannes Musico LLP has years of experience representing clients in these hearings Power of Attorney Power of attorney is legal document that allows one person the principal to authorize another person the agent to take action on his or her behalf The document can confer broad or limited powers and must be drafted according to the laws of the state It must also be signed andor notarized the presence of a witness or a notary public A motor vehicle power of attorney grants an agent the power to handle autorelated duties and may include the ability to sell a vehicle for example If youre interested in preparing the Power of Attorney yourself consider contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp You could also ask someone to assist you Third parties may refuse to honor Powers Of Attorney This can be due to various reasons In motor vehicle accident lawsuit new york may cause harm to the Principal and the third party can be held accountable for the damages To prevent this from happening to avoid this the Power of Attorney should include words that state that the agent cant assume title to any real estate or property owned by the principal unless specifically specified in the document The document should also stipulate that the agent has to submit to an outsider a summary of all transactions as well as any other issues in which they act on behalf of the principal DMV Hearings If DMV or other agency makes a decision that is discretionary against your right to drive such as license suspension due to refusing to take an alcohol test you have the right to a hearing to challenge the decision Hearings are held in person or by telephone and are generally held before the DMV driver safety hearing officer At the hearing DMV will first present all evidence it has against you and any witness testimony it has subpoenaed Then you get to present evidence of affirmative nature documents and witnesses or your own testimony attack DMVs case in closing arguments and ask questions to the hearing officer You are more likely win an DMV hearing if you engage an attorney An attorney can assist you to determine if the officers who were involved in your case made any mistakes during the arrest such as not indicating clearly that your license will be suspended if you refused to take the breath test While youre not legally required to employ an attorney for the DMV hearing hiring a NYC DMV attorney can make the process much easier A lawyer is wellversed in all laws applicable to these types of cases and can help you present your case effectively Additionally they will help you avoid being unfairly penalized by the DMV License Suspension If you are found guilty of specific criminal or traffic offenses the Department of Motor Vehicles may suspend your license and driving privileges Usually the suspension or revocation will stay in effect until you have completed all the steps required to get your license back Based on the state in which you reside there are many different reasons that your drivers license can be suspended In states that require points for example excessive accumulation of points could cause a suspension A judge may also revoke your license due to violations of traffic law In the majority of instances the court will let you drive with a restricted driving license during the suspension or revocation In some states your license may be revoked in certain cases such as DUIs and vehicular manslaughter The license can also be revoked when you dont pay child support or any other civil debts Your license may also be revoked if suffer from a medical issue that renders you unfit to operate a vehicle Your New York lawyer can help you determine the condition of your license and the best way to proceed They will explain that in the majority of cases you have the right to an hearing before the DMV in the event of your license being suspended Representation A representation letter is an important document that attorneys send to the person they intend to sue The letter informs the other party that they have a representative who will speak on their behalf It also allows the lawyer to request information and documents from the other party Many motor vehicle accidents are based on negligence a tort Negligence can be defined as a failure to exercise the level of care that would be expected of someone who is reasonably prudent in similar circumstances Automobile accidents often involve multiple elements that could lead to or contribute to the incident For instance a drivers negligence could include driving when impaired by alcohol or drugs speeding or disregarding traffic signals Other causes include driving distracted such as using a cellular phone or attempting to put on makeup while driving There are some instances where two people who are injured in a car accident need the same lawyer to represent them But it is morally wrong for a single lawyer to represent both the passenger and a driver in a personalinjury claim This is because each client has a conflict of interest This can be avoided by creating separate agreements between the clients Alternatively passengers can hire their own lawyers to file a suit against the driver
