Smyrna Motor Vehicle Accident Lawyer Vehicle Powers of Attorney

Frequently it is the case that multiple parties share responsibility for an accident. In these situations the jury may award damages to the victim depending on their percentage of negligence.

Although DMV hearings do not require criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has extensive experience in representing clients in these hearings.

Power of Attorney

Power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document can grant broad or limited powers and must be drafted in accordance with state law. It must be notarized and signed in the presence of a witness or a notary public. A motor vehicle power of attorney grants the agent the authority to take care of vehicle-related responsibilities and may include the power to sell a car, for example. You can prepare a Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or you can use a legal website like eForms.com or NYLawHelp. You can also request someone else to complete it for you.

Third parties may refuse to respect Powers Of Attorney. This can be for a variety of reasons. In some instances the refusal causes harm to the Principal, and the third party could be held liable for those damages.

To avoid this to avoid this, to avoid this, the Power of Attorney should include language that states that the agent is not able to be the owner of any property or real estate owned by the principal unless explicitly stated in the document. The document should also state that the agent should submit to an outside party a detailed report of all transactions as well as any other matters in which they act on behalf of the principal.

DMV Hearings

You are entitled to appeal a decision if DMV decides to take a discretionary action against you (such as refusal to take the breathalyzer test). Hearings are held in person or via phone, and are usually held before a driver safety hearing officer from DMV. The hearing is conducted by DMV goes first, presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. Then, you get to present evidence of affirmative nature (documents or witnesses, or even your own testimony), attack DMV's case in closing arguments, and ask questions of the hearing officer.

Achieving the DMV hearing is contingent upon the facts of your case, but you are more likely to prevail when you have an attorney. A lawyer can help determine if any mistakes were made by the officers in your case during your arrest. For instance they might not have warned you that you could lose your license if you declined a breath sample.

Although you aren't legally required to have an attorney present at the time of a DMV hearing under the law hiring a NYC DMV lawyer will make the process much easier. An attorney is knowledgeable about all the laws that apply to these cases and can help effectively present your case. In addition, they can assist you in avoiding being unfairly penalized by the DMV.

Suspension of License

The Department of aberdeen motor vehicle accident lawyer Vehicles can suspend your driving privileges and license if you are accused of certain traffic offenses or violations. Usually, the suspension or revocation is in effect until you have completed all steps necessary to obtain your license back.

Depending on the state where you reside there are a variety of reasons why your driver's license may be suspended. For instance, in states that use points, the accumulation of too many points could result in an automatic suspension of your license. In addition to that, a judge may order your license to be suspended if you are convicted of a traffic crime. In most instances, the court will allow you drive with a restricted driving permit during your suspension or the revocation.

In some states your license can be revoked in certain cases, such as DUIs and vehicular manslaughter. Your license may also be revoked if you do not pay back child support, or other civil debts. You may also lose your license if you suffer from a medical issue that can make driving a car unsafe.

Your New York lawyer will help you determine the status of your license, and how best to proceed. The lawyer will explain that in most cases, you have the right to a hearing before the DMV when your license is suspended.

Representation

A representation letter is a crucial piece of paper that lawyers send to the person they'll be suing. It informs the other party that they have a representative who will speak on their behalf. It also permits the lawyer to request information and documents from the other party.

A lot of motor vehicle accident claims are due to negligence, a tort. Negligence is defined as failure to use the degree of care that a prudent person would use in similar circumstances. Automobile accidents are often caused or contributed to by a variety of causes. A driver's negligence could include driving while under the influence of drugs or alcohol or speeding, or ignoring traffic signs. Distracted driving, such as using a cell phone while driving, or applying makeup, is a separate aspect.

In certain instances, two people injured in an accident in a vehicle want the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as a passenger in a personal injury case. This is due to each client having conflicts of interest. This can be resolved by creating a separate agreement between each client. Or, each person can hire his or her own lawyer to make a claim against the driver that caused the issue.