Why Motor Vehicle Lawyer Should Be Your Next Big Obsession?
Motor Vehicle Powers of Attorney
In many cases when multiple parties are responsible for an accident. In these instances, a jury could award damages to the victim depending on their percentage of negligence.
Even though DMV hearings aren't connected to criminal court, an experienced NYC traffic attorney can make a significant difference in the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings.
Power of Attorney
A power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can grant a wide or limited set of powers and must be prepared according to State law. It must also be notarized and signed in the presence of a witness or a notary public. A motor vehicle power of attorney gives an agent the power to handle auto-related duties and may include the ability to sell a car for example. You can make an Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or use a free legal website like eForms.com or NYLawHelp. You can also ask a friend to help you prepare it.
Third parties sometimes refuse to respect Powers of Attorney. This can be for a variety of reasons. In certain situations refusals can cause harm to the Principal. The third party may be held responsible for these damages.
To avoid this it is essential to ensure that the Power of Attorney include language informing the agent that he or she cannot be the owner of any real property or other asset that is owned by the principal unless otherwise specifically stated in the document. The document should also stipulate that the agent is required to report to a third party an overview of any transactions or other matters that they handle on behalf of their 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 refusal to take breathalyzer testing). Hearings are held in person or via phone, and are typically held before a safety driver hearing officer from DMV. The hearing is conducted by DMV starts by presenting all evidence it has against you and any witness testimony it has subpoenaed. Then, you get to present evidence of affirmative nature (documents or witnesses, or even your own testimony) to attack DMV's evidence in closing arguments, and ask questions of the hearing officer.
Achieving an DMV hearing is contingent upon the facts of your case, however you are more likely to prevail 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 advised you that you would lose your license if you refused a breath test.
While you are not legally required to have an attorney present at a DMV hearing, hiring an NYC DMV attorney can make the process much easier. An attorney is knowledgeable about all laws applicable to these cases and will help you make your case convincingly. They can also assist you to avoid being unfairly penalized by the DMV.
Suspension of License
If you are accused of certain criminal or traffic offenses that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will usually remain in place until you have completed the required steps to get it back.
Your driver's licence can be suspended for a variety of reasons, based upon where you reside. For instance states that utilize points, the accumulation of too many points could result in a license suspension. Additionally an judge could also order your license to be suspended for a traffic offense. In most cases, the court will allow you to drive under a restricted driving license during your suspension or revocation.
In some states your license may be revoked in certain cases, such as DUIs and vehicular manslaughter. Your license could also be revoked if you fail to pay back child support, or any other civil debts. You may also lose your license if you are suffering with a medical condition that renders driving a car dangerous.
Your New York lawyer can help you determine the status of license and the best method to take. They will explain that in the majority of circumstances, you are entitled to a hearing before the DMV in the event of your license suspended.
Representation
A representation letter is an important piece of paper that lawyers send to the party they will be suing. It informs the other party that they have a representative that will represent them. It also permits the lawyer to request documents and information from the other party.
Many motor vehicle accident cases are founded on the tort theory of negligence. motor vehicle accident attorneys westland is defined by a failure to exercise the level of care expected of someone who is prudent in the same circumstances. Automobile accidents often involve multiple elements that could lead to or contribute to the incident. For instance, a driver's negligence could include driving impaired by alcohol or drugs, or speeding or not paying attention to traffic signals. Driving distracted, like using your mobile phone while driving, or applying makeup, is another factor.
In certain cases, two people injured in an accident in a vehicle want 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 claim. Each client is in conflict. This can be overcome by establishing a separate agreement between each client. In addition, passengers can employ their own lawyers to file a suit against the driver.