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Motor Vehicle Powers of Attorney
A number of parties are often at fault for the accident. In such cases the jury may decide to distribute the award of damages to the injured party by determining their percentage of negligence.
Although DMV hearings do not have to be connected to criminal court, an experienced NYC traffic attorney can make a huge difference in the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these hearings.
Power of Attorney
A power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may grant broad or limited powers and must be drafted in accordance to state law. The document must be signed or notarized by a notary public or witness. A motor vehicle power-of-attorney gives the agent the power to perform responsibilities related to vehicles that may include selling a car. You can make an Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. You can also ask a friend to prepare it.
Third parties might not accept Powers Of Attorney. This could be due to many reasons. In some cases the refusal causes harm to the Principal, and the third party can be held responsible for the damages.
To prevent this from happening, it is important that the Power of Attorney include language which states that the agent will not be the owner of any real property or other asset that is owned by the principal unless specified otherwise in the document. The document should also stipulate that the agent must give a third-party the details of every transaction and other matter that they conduct on behalf of their principal.
DMV Hearings
If DMV decides to take a discretionary action against your right to drive (such as suspension of your license for refusing to take breath tests) you can request have a hearing to challenge the decision. These hearings can be conducted in person or over the telephone, and are generally conducted in front of an DMV driver safety hearing officer. At the hearing, DMV goes first, presenting all evidence it has against you and any witness testimony it has subpoenaed. Then it's your turn to present evidence that is affirmative (documents or witnesses, or your own testimony), attack DMV's case in closing arguments and ask questions to the hearing officer.
You are more likely to win a DMV hearing if you hire a lawyer. An attorney can assist in determining whether any mistakes were made by the officers in your case during your arrest. For instance they may not have told you that you would lose your license if you refused to take a breath test.
Although you aren't legally required to use an attorney at the time of a DMV hearing by law hiring a NYC DMV lawyer can help make the process simpler. A lawyer is well-versed regarding the laws governing these types of cases, and will help you present your case as effectively as is possible. In addition, they can assist in preventing you from being unfairly penalized by the DMV.
Suspension of License
The Department of motor vehicle accident Vehicles can suspend your license and driving privileges if you are found guilty of specific traffic offenses or violations. The suspension or cancellation of your license will normally remain in place until you've completed the necessary steps to obtain it back.
Based on the state in which you live there are a variety of reasons that your driver's permit may be suspended. In states that use points, for example excessive accumulation of points could cause the suspension. A judge can also suspend your license if there is an offense in traffic. In most instances, the court will allow you drive with restricted driving permits during your suspension or motor vehicle accidents revocation.
In certain states, your license could be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license may be revoked if fail to pay back child support or other civil debts. You could also lose your license if you suffer with a medical condition that makes driving a vehicle unsafe.
Your New York lawyer will help you to determine the status of your license, and how best to proceed. They will explain to you that in the majority of cases, if your 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 sends to the person they want to sue. This puts the other party on notice that they have a representative that will represent them and also allows the attorney to ask for documents and other information from that party.
A large number of motor vehicle accidents (navigate to these guys) are built on the tort principle of negligence. Negligence is defined as lack of using the level of care that a reasonably prudent person would have employed in the same circumstances. Car accidents are often caused or influenced by a variety of factors. A driver's fault could be driving while under the influence of alcohol or drugs, speeding, or disregarding traffic signs. Distracted driving, such as using your mobile phone while driving or applying makeup is a different reason.
There are instances in which two people who have been injured in a car crash want the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as an individual in a personal injuries claim. This is due to each client having a conflict of interests. This can be resolved by creating a separate agreement between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.
A number of parties are often at fault for the accident. In such cases the jury may decide to distribute the award of damages to the injured party by determining their percentage of negligence.
Although DMV hearings do not have to be connected to criminal court, an experienced NYC traffic attorney can make a huge difference in the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these hearings.
Power of Attorney
A power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may grant broad or limited powers and must be drafted in accordance to state law. The document must be signed or notarized by a notary public or witness. A motor vehicle power-of-attorney gives the agent the power to perform responsibilities related to vehicles that may include selling a car. You can make an Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. You can also ask a friend to prepare it.
Third parties might not accept Powers Of Attorney. This could be due to many reasons. In some cases the refusal causes harm to the Principal, and the third party can be held responsible for the damages.
To prevent this from happening, it is important that the Power of Attorney include language which states that the agent will not be the owner of any real property or other asset that is owned by the principal unless specified otherwise in the document. The document should also stipulate that the agent must give a third-party the details of every transaction and other matter that they conduct on behalf of their principal.
DMV Hearings
If DMV decides to take a discretionary action against your right to drive (such as suspension of your license for refusing to take breath tests) you can request have a hearing to challenge the decision. These hearings can be conducted in person or over the telephone, and are generally conducted in front of an DMV driver safety hearing officer. At the hearing, DMV goes first, presenting all evidence it has against you and any witness testimony it has subpoenaed. Then it's your turn to present evidence that is affirmative (documents or witnesses, or your own testimony), attack DMV's case in closing arguments and ask questions to the hearing officer.
You are more likely to win a DMV hearing if you hire a lawyer. An attorney can assist in determining whether any mistakes were made by the officers in your case during your arrest. For instance they may not have told you that you would lose your license if you refused to take a breath test.
Although you aren't legally required to use an attorney at the time of a DMV hearing by law hiring a NYC DMV lawyer can help make the process simpler. A lawyer is well-versed regarding the laws governing these types of cases, and will help you present your case as effectively as is possible. In addition, they can assist in preventing you from being unfairly penalized by the DMV.
Suspension of License
The Department of motor vehicle accident Vehicles can suspend your license and driving privileges if you are found guilty of specific traffic offenses or violations. The suspension or cancellation of your license will normally remain in place until you've completed the necessary steps to obtain it back.
Based on the state in which you live there are a variety of reasons that your driver's permit may be suspended. In states that use points, for example excessive accumulation of points could cause the suspension. A judge can also suspend your license if there is an offense in traffic. In most instances, the court will allow you drive with restricted driving permits during your suspension or motor vehicle accidents revocation.
In certain states, your license could be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license may be revoked if fail to pay back child support or other civil debts. You could also lose your license if you suffer with a medical condition that makes driving a vehicle unsafe.
Your New York lawyer will help you to determine the status of your license, and how best to proceed. They will explain to you that in the majority of cases, if your 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 sends to the person they want to sue. This puts the other party on notice that they have a representative that will represent them and also allows the attorney to ask for documents and other information from that party.
A large number of motor vehicle accidents (navigate to these guys) are built on the tort principle of negligence. Negligence is defined as lack of using the level of care that a reasonably prudent person would have employed in the same circumstances. Car accidents are often caused or influenced by a variety of factors. A driver's fault could be driving while under the influence of alcohol or drugs, speeding, or disregarding traffic signs. Distracted driving, such as using your mobile phone while driving or applying makeup is a different reason.
There are instances in which two people who have been injured in a car crash want the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as an individual in a personal injuries claim. This is due to each client having a conflict of interests. This can be resolved by creating a separate agreement between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.
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