Motor Vehicle Powers of Attorney
Many parties are usually responsible for the accident. In these instances the jury may award damages to the victim depending on their percentage of negligence.
While DMV hearings aren’t related to criminal court, a skilled NYC traffic attorney can make a significant impact on the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients at these hearings.
Power of Attorney
A power of attorney is a legal document that allows an individual to authorize another to perform acts in his or her name. The document may confer broad or limited powers and must be prepared according to the laws of the state. It must be signed and/or notarized in the presence of a notary or witness public. A johnstown motor vehicle accident lawsuit vehicle power of attorney grants the agent the authority to perform duties relating to the vehicle including selling a car. You can prepare the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or use a free legal website such as eForms.com or NYLawHelp. You can also hire someone else to handle the task for you.
Third parties can refuse to honor Powers Of Attorney. This can be for different reasons. In certain situations refusals can cause harm to the Principal. The third party could be held accountable for these damages.
To prevent this from happening, it is important 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 owned by the principal, unless otherwise stated in the document. The document should also stipulate that the agent should submit to an outsider a summary of all transactions and any other circumstances in which they act on behalf of the principal.
DMV Hearings
You are entitled to appeal a decision in the event that DMV orders discretionary action against you (such as an eviction of your license for refusing a breathalyzer). These hearings can take place in person or via the telephone, and are generally conducted by an DMV driver safety hearing officer. In the hearing, DMV will first present all evidence it has against you including any witness testimony it has subpoenaed. Then, you can present affirmative evidence, such as documents, witnesses or even your testimony. You can also make closing arguments in order to discredit DMV 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 officers involved in your case committed any errors during your arrest, for instance, not clearly advising you that your license would be suspended if it was not possible to take the breath test.
While you’re not legally required to hire an attorney at a DMV hearing, hiring a NYC DMV attorney will make the process easier. An attorney will be knowledgeable with the laws applicable to these kinds of cases, and will help you present your case as efficiently as is possible. Additionally, they will assist you in avoiding being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of a specific violations of the law 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 generally remain in effect until you have completed all the necessary steps to get it back.
Your driver’s license can be suspended due to a variety of reasons, based upon where you live. For instance in states that employ points-based systems, the accumulation of too many points may lead to a license suspension. In addition the judge may also order your license to be suspended in the event of a traffic violation. In most instances the court will let you to drive under restricted driving permits during your suspension or the revocation.
In some states your license may be suspended for certain offenses, such as DUIs and vehicular manslaughter. Your license could also be revoked if you fail to pay back child support or other civil debts. The license may be suspended if you suffer from a medical issue that makes it unsafe to operate an automobile.
Your New York lawyer can help you determine the status of your license and the best method to take. They will explain to you that in the majority of instances, if your license was suspended, you have the right to an appointment with the DMV.
Representation
A representation letter is a very important document that an attorney sends to the person they intend to sue. This puts the other party on notice that they now have a representative who will represent them and allows the lawyer to request information and documents from that party.
Many Holyoke Motor Vehicle Accident Lawsuit vehicle accident claims are result of negligence, a tort. Negligence can be defined as lack of using the level of care a prudent person would have employed under similar circumstances. Automobile accidents often involve multiple factors that could cause or contribute to the incident. For example, a driver’s negligence may include driving when impaired by alcohol or drugs, speeding or disregarding traffic signals. Driving distracted, like using your cellular phone while driving or applying makeup, is a further aspect.
There are some instances where two victims in a car accident would like the same attorney to represent them. It is unethical for an attorney to represent a driver as well as an injured person in a personal injury case. Each client has a conflict. This can be overcome by establishing a separate contract between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.