What Experts From The Field Want You To Learn
Motor Vehicle Powers of Attorney
Multiple parties are often responsible for an accident. In these instances, a jury could award damages to the victim according to their percentage of negligence.
Even though DMV hearings do not require 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 hearings.
Power of Attorney
Power of attorney is an official document that permits 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 prepared in accordance with the law of the State. The document must be signed or notarized in front of a notary public or a witness. A motor vehicle power of attorney gives an agent the power to handle car-related obligations and could also include the power to sell a car for example. motor vehicle accident law firm el paso can create a Power of Attorney yourself by contacting your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. Or, you could request someone else to complete the work for you.
Third parties sometimes refuse to comply with Powers of Attorney. This can be for various reasons. In certain situations the refusal could cause harm to the Principal. The third party may be held accountable for damages.
To prevent this from happening to avoid this, to avoid this, Power of Attorney should include specific language that says that the agent can't take title to any real estate or property owned by the principal, unless specifically stated in the document. The document should also state that the agent has to submit to an outside party a detailed report of all transactions and any other circumstances in which they act on behalf of the principal.
DMV Hearings
You are entitled to appeal a decision when DMV or other agency decides to take discretionary action against you (such as a license suspension for refusing breathalyzer tests). These hearings are conducted either in person or over the phone, and are typically held in front of a driver safety hearing officer from DMV. DMV presents all its evidence against the person, including witnesses it has subpoenaed, at the hearing. Then it's your turn to present evidence that is affirmative (documents, witnesses or your own testimony) and attack the DMV's argument in closing arguments, and ask questions to the hearing officer.
You are more likely to win the DMV hearing if hiring an attorney. A lawyer can help determine if any mistakes were committed by the police officers in your case during your arrest. For instance they might not have informed you that you could lose your license if declined a breath sample.
Although you aren't required to bring an attorney present at a DMV hearing under the law hiring a NYC DMV lawyer will make the process much easier. A lawyer will be well-versed in the laws that govern these kinds of cases and will assist you in present your case as effectively as possible. They can also assist you to avoid being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of certain violations of the law that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Usually the suspension or revocation remains in effect until you have completed all required steps to get your license reinstated.
Your driver's license can be suspended for many reasons, based on the state in which you live. In states that use points, for example having too many points could cause a suspension. Additionally an judge could also order your license to be suspended for a traffic offense. In most cases, the court will allow you drive with an restricted driving permit during the suspension or the revocation.
In some states your license could be revoked for certain crimes, including DUIs and vehicular manslaughter. Your license could be suspended if you do not pay back child support or other civil debts. Your license could be revoked in the event that you have a medical condition that makes it unsafe for you to operate the vehicle.
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 you're license has been suspended, you have the right to a hearing at the DMV.
Representation
A representation letter is an important piece of paper that lawyers send to the person they'll be suing. This puts the other party in the loop that they have a representative that will speak on their behalf and also permits the attorney to ask for documents and other information from that party.
Many motor vehicle accidents are due to negligence, which is a tort. Negligence is defined as a inability to exercise the level of care that a reasonably prudent person would have used in similar circumstances. Accidents involving cars are usually caused or influenced by a variety of factors. For instance, driver's negligence may include driving under the influence of alcohol or drugs, speeding up or disregarding traffic signals. Driving distracted, for example, using your mobile phone while driving, or applying makeup is a different factor.
There are certain instances where two victims in a car accident need the same lawyer to represent them. But, it is ethically unwise for one attorney to represent both a passenger and driver in a personal injury lawsuit. This is due to each client having conflicts of interest. This can be overcome by creating a separate agreement between each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.