10 Things Everybody Gets Wrong About The Word "Motor Vehicle Lawyer."

Motor Vehicle Powers of Attorney

Often, multiple parties share responsibility for an accident. In these situations the jury can distribute the award of damages to the injured party by determining their percentage of negligence.

Even though DMV hearings aren't connected to criminal court, an experienced NYC traffic attorney can make a huge impact on the outcome of your case. Gannes & Musico, LLP has extensive 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 act on his or her behalf. The document can grant a broad or limited scope of powers and must be drafted according to the laws of the state. It must also be signed and/or notarized the presence of a witness or a notary public. A motor vehicle power of attorney grants the agent the authority to take care of the responsibilities of a vehicle and could include the power to sell a car, for instance. You can prepare the Power of Attorney yourself if you contact your local Department of Motor Vehicles, or use a free legal site like eForms.com or NYLawHelp. You could also ask someone to do it.

Third parties may not honor 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 can be held accountable for the damages.

To prevent this from happening, the Power of Attorney should include words that state that the agent is not able to be the owner of any real estate or property owned by the principal unless explicitly stated in the document. The document should also specify that the agent should submit to an outside party a summary of all transactions as well as any other matters in which they are acting on behalf of the principal.

DMV Hearings

You have the right to appeal a decision in the event that DMV or other agency decides to take discretionary action against you (such as an eviction of your license for refusing breathalyzer testing). These hearings can be conducted in person or over the phone, and are typically held in front of a driver safety hearing officer from DMV. At the hearing, DMV goes first, presenting all evidence it has against you, attorneys including any witness testimony it has subpoenaed. Then it's your turn to present evidence that is affirmative (documents or witnesses, or your own testimony) to attack DMV's evidence in closing arguments, and ask questions of the hearing officer.

Achieving a DMV hearing is largely contingent on the facts of your case, however you are more likely to prevail if you hire an attorney. An attorney can help you determine the extent of any errors made by the police in your case during your arrest. For example, they may not have advised you that you could lose your license if declined a breath sample.

While you're not legally required to hire an attorney present at a DMV hearing, hiring a NYC DMV attorney can make the process easier. An attorney is knowledgeable about all laws applicable to these cases and can help make your case convincingly. They can also assist you to avoid being unfairly penalized at the DMV.

Suspension of License

If you are accused of certain traffic or legal offenses that are deemed to be illegal, attorneys the Department of motor vehicle accident attorney Vehicles may suspend your license and driving privileges. The suspension or cancellation of your license will normally remain in place until you have completed all the required steps to get it back.

The state in which you reside, there are many different reasons your driver's licence could be suspended. In states that rely on points, for instance excessive accumulation of points could result in being suspended. A judge may also revoke your license for a traffic violation. In most cases, a court will permit you to drive with a restricted driving permit for the duration of your suspension or revocation.

In some states your license may be suspended for certain crimes, including DUIs and vehicular manslaughter. Your license can also be revoked if you don't pay child support or other civil debts. It is also possible to lose your license if are suffering from a medical issue that can make driving a car unsafe.

Your New York lawyer can help you determine the status of license and the best way to proceed. The lawyer will explain to you that in most cases, if your license was suspended, you have the right to a hearing at the DMV.

Representation

A representation letter is an important document that attorneys send to the person they intend to sue. This puts the other party on notice that they have a representative that will speak on their behalf, and it also allows the lawyer to request documents and other information from that party.

Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence can be defined as a failure to exercise the level of care that would be expected from a person who is prudent in the same circumstances. Accidents in the automobile are usually caused or influenced through a variety factors. For example, a driver's negligence could include driving under the influence of alcohol or drugs, speeding up or disregarding traffic signals. Other factors include distracted driving such as using a cellular phone or trying to put on makeup while driving.

There are instances in which two victims in a car accident would like the same attorney to represent them. But, it is ethically wrong for a single attorney to represent both a passenger and driver in a personal injury case. This is due to each client having an interest conflict. This can be avoided by creating separate agreements between the clients. Or, they can hire their own lawyers to file a suit against the driver.