5 Motor Vehicle Lawyer Lessons From The Pros
Motor Vehicle Powers of Attorney
A number of parties are often at fault for an accident. In these cases, a juror may award damages to the injured party depending on their percentage of negligence.
While DMV hearings aren't associated with criminal court, a seasoned NYC traffic attorney will make a major difference in the outcome of your case. Gannes & Musico, LLP has extensive experience in representing clients in these proceedings.
Power of Attorney
Power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a broad or limited range of powers and must be drafted according to the laws of the state. The document must be signed or notarized by a notary or witness. A motor vehicle power-of-attorney gives the agent the authority to perform vehicle-related duties that may include selling a vehicle. If you want to prepare a Power of Attorney yourself take a look at contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. You can also ask a friend to prepare it.
Third parties could refuse to comply with Powers Of Attorney. This can be for different 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 it is crucial that the Power of Attorney include language indicating that the agent cannot take title to any real estate or other property owned by the principal unless otherwise specifically stated in the document. The document should also mention that the agent is required to report to a third party a summary on all transactions and other matters that they handle on behalf of their principal.
DMV Hearings
You are entitled to an appeal hearing If DMV makes a decision that is discretionary against you (such as an eviction of your license for refusing the breathalyzer test). These hearings can be conducted in-person or over the phone, and usually held before a safety driver hearing officer from DMV. DMV presents all its evidence against the person, including any witnesses it has subpoenaed at the hearing. It's your turn to present evidence that is affirmative (documents and witnesses, or your own testimony), attack DMV's case in closing arguments and ask questions of the hearing officer.
In the end, winning the DMV hearing is contingent upon the facts of your case, however you are more likely to win when you have an attorney. An attorney can assist in determining the extent of any errors made by the police in your case during your arrest. For instance they might not have told you that you could lose your license if refused to take a breath test.
While you aren't required to bring an attorney at the time of a DMV hearing under the law however, hiring a NYC DMV lawyer can help make the process simpler. An attorney will be knowledgeable with the laws applicable to these kinds of cases and will help you present your case as efficiently as you can. They can also help you avoid being unfairly penalized at the DMV.
License Suspension
The Department of Motor Vehicles can suspend your driving privileges and license if you are found guilty of specific traffic violations or other legal violations. Typically the suspension or revocation is in effect until you complete all required steps to get your license back.
Based on the state in which you reside there are a variety of reasons that your driver's license may be suspended. For instance states that utilize a point system, accumulation of too many points can result in a license suspension. In addition an judge could also require your license to be suspended for a traffic conviction. In the majority of instances, the court will allow you to drive with a restricted driving license during the period of your suspension or suspension or revocation.
In certain states, your driver's license can be suspended if you've been convicted of specific crimes like DUIs or vehicular murder. Your license can also be revoked when you are unable to pay back child support or other civil debts. Your license can be revoked in the event that you suffer from a medical condition which renders you unfit to operate the vehicle.
Your New York lawyer will help you determine the condition of your license, and how best to proceed. They will explain that in the majority of cases, you have the right to an appearance before the DMV in the event that your license is being suspended.
Representation
A representation letter is an important document that attorneys send to the person they want to sue. This puts the other party on notice that they now have a representative who will speak on their behalf and also permits the lawyer to request details and documents from that party.
motor vehicle accident attorneys west virginia are founded on the tort theory of negligence. Negligence is defined by a failure to exercise the level of care that would be expected from a person who is prudent in the same circumstances. Accidents involving cars are usually caused or contributed to by a variety of causes. For instance, driver's negligence may include driving under the influence of alcohol or drugs, or speeding or disregarding traffic signals. Distracted driving, such as using your cellular phone while driving, or applying makeup, is a separate reason.
In some cases two people who are injured in an accident with a vehicle need the same lawyer to represent them. However, it is ethically improper for one attorney to represent both the passenger and a driver in a personal injury lawsuit. This is because each client has conflicts of interest. This can be resolved by creating a separate contract between each client. Alternately, each client can employ their own lawyer to bring a lawsuit against the adverse driver.