Randy Oconnor

Motor Vehicle Powers of Attorney Often, multiple parties share responsibility for an accident. In such situations, a jury may apportion the award of damages to the victim based on their percentage of negligence. Even though DMV hearings are not a part of criminal court, a knowledgeable NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has extensive experience in representing clients in these proceedings. Power of Attorney Power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to act on their behalf. The document can confer broad or limited powers and must be prepared in accordance to state law. It must also be notarized and signed in the presence of a witness or notary public. A motor vehicle power of attorney gives an agent the power to handle vehicle-related responsibilities and may include the power to sell a vehicle, for instance. If you're planning to draft the Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a free online legal website such as eForms or NYLawHelp. You can also ask someone to help you prepare it. Third parties sometimes refuse to honor Powers of Attorney. This can be for various reasons. In some cases the refusal may cause harm to the Principal and the third party may be held accountable for the damages. To prevent this from happening, it is important that the Power of Attorney include language which states that the agent will not have title to any real estate or other property that is owned by the principal unless otherwise stated in the document. The document should also state that the agent must report to an outside party a detailed report of all transactions as well as any other circumstances in which the agent acts on behalf of the principal. DMV Hearings You are entitled to an appeal hearing in the event that DMV or other agency decides to take discretionary action against you (such as a license suspension for refusing a breathalyzer). These hearings can be conducted in person or via the telephone, and usually held in front of the DMV driver safety hearing officer. In the hearing, DMV will first present all of its evidence against you, including any witness testimony it has subpoenaed. Then, you get to provide evidence in support of your claim (documents or witnesses, or even your own testimony) challenge the case of DMV in closing arguments and ask questions to the hearing officer. It is more likely that you will win in a DMV hearing if you engage an attorney. A lawyer can help you to determine if the police officers who were involved in your case made any mistakes during your arrest, such as not clearly advising you that your license will be suspended if you did not take an alcohol test. While you aren't legally required to have an attorney at an DMV hearing under the law having a NYC DMV lawyer will make the process much easier. A lawyer is well-versed in all the laws applicable to these cases and will help you effectively present your case. Additionally, they will assist in preventing you from being unfairly penalized by the DMV. License Suspension If you are found guilty of certain criminal or traffic offenses that are deemed to be illegal, the Department of motor vehicle accident lawyer Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation will stay in effect until you've completed all the steps required to get your license reinstated. Depending on the state where you reside there are a variety of reasons that your driver's permit could be suspended. For instance, in states that use a point system, accumulation of too many points can lead to an automatic suspension of your license. In addition to that, a judge may require your license to be suspended in the event of a traffic violation. In most cases the court will let you to drive on restricted driving permits during the suspension or the revocation. In certain states, your driver's license can be revoked if you have been convicted of specific crimes, such as DUIs or vehicular murder. Your license could also be revoked if you do not pay back child support, or any other civil debts. It is also possible to lose your license if are suffering from a medical condition that can make driving a car unsafe. Your New York lawyer will help you determine the condition of your license and how best to proceed. He or she will explain to you that in most instances, if your license is suspended, you have the right to an hearing at the DMV. Representation A representation letter is an important piece of paper that lawyers must send to the person they will be suing. This puts the other party on notice that they have a representative that will speak on their behalf and also allows the attorney to ask for information and documents from that party. A large number of motor vehicle accidents (https://escortexxx.Ca/author/dolliebermi) are in the tort doctrine of negligence. Negligence is defined as the lack of using the level of care a prudent person would have applied in the same circumstances. Car accidents are often caused or influenced by a variety of causes. The negligence of a driver could be driving while under the influence of alcohol or drugs or speeding, or ignoring traffic warnings. Driving distracted, like using a cell phone while driving, or applying makeup, is another factor. In certain instances two people who are injured in an accident in a vehicle want the same lawyer to represent them. However, it's morally wrong for a single lawyer to represent both the passenger and driver in a personal injury claim. This is because each client has conflicts of interest. This is avoided by drafting separate agreements for each client. Alternately, each client can hire his or her own lawyer to make a claim against the driver who was at fault.