8 Tips For Boosting Your Motor Vehicle Lawyer Game
Motor Vehicle Powers of Attorney
Frequently it is the case that multiple parties share responsibility for an accident. In these instances the jury can distribute the damages awarded to the victim based on their percentage of negligence.
Although DMV hearings are not 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 representing clients in these proceedings.
Power of Attorney
Power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document may confer broad or limited powers and must be drafted in accordance with state law. It must also be signed and/or notarized the presence of a witness or notary public. A motor vehicle power-of-attorney gives the agent the authority to perform responsibilities related to vehicles that could include selling a car. You can create a Power of Attorney on your own by contacting your local Department of Motor Vehicles, or use a free legal website like eForms.com or NYLawHelp. You can also ask someone else to do it for you.
Third parties may not respect Powers of Attorney. This can be for different reasons. In some instances the refusal causes harm to the Principal, and the third party may be held liable for damages.
To avoid this to avoid this, the Power of Attorney should include words that state that the agent is not able to assume title to any property or real estate owned by the principal without being specifically specified in the document. The document should also specify that the agent has to submit to an outside party a summary of all transactions as well as any other instances where the agent acts on behalf of the principal.
DMV Hearings
If DMV or other agency makes a decision that is discretionary against your driving privilege (such as license suspension due to refusing to take a breath test) You can request be heard to challenge the decision. Hearings are held in person or by phone, and are typically held before a safety driver hearing officer from DMV. The hearing is conducted by DMV begins by presenting all evidence it has against you and any witness testimony it has subpoenaed. You can then present affirmative evidence, such as witnesses, documents or your testimony. You may also present closing arguments to smear DMV and ask questions to the hearing official.
You are more likely to prevail at the DMV hearing if you employ a lawyer. A lawyer can help you to determine if the police officers involved in your case made any mistakes during your arrest, like not clearly advising you that your license will be suspended if it was not possible to take the breath test.
Although you aren't legally required to have an attorney at a DMV hearing, hiring a NYC DMV lawyer will make the process much easier. A lawyer is well-versed in all the laws applicable to these cases and will help you present your case in a professional manner. Additionally, motor vehicle accident lawsuit huntington beach will assist you in avoiding being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of a specific criminal or traffic violations that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Usually the suspension or revocation remains in effect until the time you complete all necessary steps to obtain your license reinstated.
Based on the state in which you live there are a variety of reasons that your driver's permit can be suspended. In states that require points, for instance having too many points could lead to a suspension. A judge may also revoke your license in the event of an offense in traffic. In the majority of instances, courts will permit you to drive with a restricted driving license during the period of suspension or revocation.
In certain states, your license could be revoked if you have been found guilty of certain offenses, such as DUIs or vehicular manslaughter. Your license may be revoked if do not pay back child support or other civil debts. You could also lose your license if you suffer from a medical condition which makes driving a vehicle unsafe.
Your New York lawyer will help you determine the state of your license and how best to proceed. He or she will explain to you that in most cases, if you're license has been suspended, then you have the right to an appointment with the DMV.
Representation
A representation letter is a very important document that an attorney must send to the person he plans to sue. This puts the other party on notice that they have a representative that will speak on their behalf and also allows the lawyer to request documents and information from the party.
Many motor vehicle accident claims are result of negligence, which is a tort. Negligence is defined as the lack of using the level of care a prudent person would have employed under similar circumstances. Accidents in the automobile are usually caused or contributed to by a variety of causes. For instance, a driver's carelessness could result in driving impaired by alcohol or drugs, speeding, or not paying attention to traffic signals. Other causes include driving distracted, like using a cell phone or attempting to apply makeup while driving.
There are some instances in which two people injured in a car accident want the same attorney to represent them. It is unethical for an attorney to represent both a driver and an injured person in a personal injury claim. This is because each client has conflicts of interest. This is avoided by drafting separate agreements for each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.
