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Motor Vehicle Lawyer: The History Of Motor Vehicle Lawyer In 10 Milestones
Motor Vehicle Powers of Attorney

In many cases there are multiple parties who share the blame for an accident. In these situations, a jury could award damages to the injured party in proportion to their percentage of negligence.

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

Power of Attorney

The power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document may grant broad or limited powers and must be prepared according to the laws of the state. It must be notarized and signed in the presence of a notary or witness public. A motor vehicle power of attorney grants the agent authority to handle car-related obligations and could also include the ability to sell a vehicle, for example. If you want to prepare the Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a legal online website like eForms or NYLawHelp. Alternatively, you can hire someone else to handle the task for you.

Third parties might not honor Powers Of Attorney. This can be for different reasons. In some instances the refusal may cause harm to the Principal, and the third party can be held responsible for the damages.

To prevent this from happening, to avoid this, the Power of Attorney should include specific language that says that the agent can't claim title to any property or real estate owned by the principal without being explicitly stipulated in the document. The document should also state that the agent should submit to an outside party a report of all transactions and any other issues in which he or she acts on behalf of the principal.

DMV Hearings

If DMV decides to take a discretionary action against your right to drive (such as license suspension due to refusing to take breath tests), you are entitled to be heard to challenge the decision. Hearings can be held in person or by telephone, and are usually conducted by a driver safety hearing officer from DMV. DMV provides all evidence against the person, including any witnesses it has subpoenaed during the hearing. motor vehicle accident attorney antioch have the option of presenting affirmative evidence, including witnesses, documents or your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing officer.


You are more likely to prevail at a DMV hearing if you hire an attorney. A lawyer can help determine if any mistakes were made by the police in your case during your arrest. For instance, they may not have advised you that you could lose your license if refused to take a breath test.

Although you are not legally required to use 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 laws applicable to these types of cases and can assist you to present your case in a professional manner. Additionally, they can help to prevent you from being unfairly penalized by the DMV.

License Suspension

The Department of Motor Vehicles can suspend your driving privileges and license in the event that you are found guilty of specific traffic offenses or violations. The suspension or the revocation of your license will usually remain in place until you have completed all the necessary steps to get it back.

Your driver's license may be suspended for many reasons, based upon where you reside. For instance states that utilize points, the accumulation of too many points can result in a license suspension. A judge can also detain your license in the event of an offense in traffic. In the majority of instances, the court will allow you to drive with a restricted driving permit during your suspension or revocation.

In some states, your license can be revoked if you have been convicted of certain crimes like DUIs or vehicular murder. Additionally your license may be suspended for failure to pay back child support or other civil debts. You can also lose your license if you are suffering from a medical condition which makes driving a vehicle unsafe.

Your New York lawyer can help you determine the status of your license and the best method to take. The lawyer will explain to you that in the majority of instances, if your license was suspended, you are entitled to an hearing at the DMV.

Representation

A representation letter is a very important document that attorneys send to the person they plan to sue. 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.

Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence is defined as the failure to exercise the degree of care that would be expected from a person who is reasonably prudent under similar circumstances. Car accidents are often caused or contributed to by multiple factors. A driver's fault could be driving while under the influence of alcohol or drugs or speeding, or ignoring traffic signs. Other reasons include distracted driving such as using a mobile phone or trying to put on makeup while driving.

In certain cases there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. But, it is ethically unwise for one attorney to represent both a passenger and driver in a personal injury lawsuit. Each client has a conflict. This can be avoided by making distinct agreements between each client. Or, each person can employ their own lawyer to make a claim against the driver who caused the problem.