It's The One Motor Vehicle Lawyer Trick Every Person Should Be Aware Of
Motor Vehicle Powers of Attorney
In most cases there are multiple parties who share the blame for an accident. In these cases jurors can award damages to the victim according to their percentage of negligence.
Although DMV hearings don't involve criminal courts, a seasoned NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings.
Power of Attorney
A power of attorney is a document that allows an individual to authorize another to perform acts in his or her name. The document may grant a broad or limited range of powers and must be drafted in accordance with State law. It must be signed and/or notarized the presence of a witness or notary public. A motor vehicle power-of attorney grants the agent the authority to perform responsibilities related to vehicles that could include selling a car. You can draft the Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. Alternately, you can request someone else to complete the task for you.
Third parties might not respect Powers Of Attorney. This can be for many reasons. In certain situations it can cause harm to the principal. The third party could be held accountable for damages.
To prevent this from happening it is essential to ensure that the Power of Attorney include language that states that the agent is not able to take title to any real estate or other property that is owned by the principal unless otherwise specifically stated in the document. The document should also specify that the agent should submit to an outside party a summary of all transactions and any other issues in which they act on behalf of the principal.
DMV Hearings
If DMV decides to take a discretionary action against your right to drive (such as license suspension due to refusing to take breath tests) you can request be heard to challenge the decision. These hearings are conducted either in-person or over the phone, and are usually conducted by a driver safety hearing officer from DMV. DMV presents all its evidence against the person, including witnesses it has subpoenaed at the hearing. Then, you can present affirmative evidence, including documents, witnesses or even your testimony. You may also present closing arguments to smear DMV and ask questions to the judge.
The outcome of an DMV hearing is largely contingent on the circumstances of your case, but you are more likely to win when you have an attorney. A lawyer can help to determine if the officers who were involved in your case made any mistakes during the arrest, such as not clearly advising you that your driver's license could be suspended if it was not possible to take an alcohol test.
While you're not required to have an attorney present at the time of a DMV hearing under the law hiring a NYC DMV lawyer can help make the process simpler. An attorney is well-versed in the laws that govern these kinds of cases, and will help you present your case as effectively as you can. They can also help you avoid being unfairly penalized at the DMV.
Suspension of License
If you are accused of certain criminal or traffic violations and are found guilty, 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 steps required to get it back.
Your driver's license could be suspended for various reasons, based on where you reside. For instance in states that employ points system, the accumulation of too many points could lead to the suspension of your license. Additionally, a judge can also decide to have your license suspended if you are convicted of a traffic crime. In most instances, the court will permit you to drive using a restricted driving permit during the time of suspension or revocation.
In certain states, your license may be suspended for certain crimes such as DUIs and vehicular manslaughter. Additionally, your license can be revoked for not paying back child support or other civil debts. Your license could also be revoked if have a medical condition that makes it unsafe to operate the vehicle.
Your New York lawyer will help you to determine the status of your license and determine the best to proceed. He or she will explain that in the majority of cases, you're entitled to a hearing before the DMV in the event of your license suspended.
Representation
A representation letter is an important document that an attorney must send to the person they plan to sue. The letter informs the other party that they have a representative who will represent them. It also permits the lawyer to request information and documents from the other party.
A lot of motor vehicle accident claims are based on negligence, a tort. Negligence can be defined as a failure to exercise the degree of care that would be expected from someone who is reasonably prudent under similar circumstances. Car accidents typically involve a variety of factors that can cause or contribute to the incident. For instance, a driver's negligence may include driving impaired by alcohol or drugs, speeding, or disregarding traffic signals. Other causes include driving distracted, like using a cell phone or attempting to apply makeup while driving.
There are certain instances in which two victims in a car accident want the same lawyer to represent them. However, it's ethically unwise for one attorney to represent both the driver and passengers in a personal injury lawsuit. This is due to each client having conflicts of interest. This can be overcome by establishing a separate contract between each client. Alternately, motor vehicle accident lawyer boulder can employ their own lawyer to bring a lawsuit against the driver who was at fault.