What A Weekly Motor Vehicle Lawyer Project Can Change Your Life
Motor Vehicle Powers of Attorney
In most cases there are multiple parties who share the blame for an accident. In these instances the jury may award damages to the victim according to their percentage negligence.
Although DMV hearings are not a part of criminal court, a knowledgeable NYC traffic lawyer can make a major difference in the outcome. 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 act on his or her behalf. The document may grant a broad or limited scope of powers and must be prepared in accordance with State law. It must be notarized and signed in the presence of a witness or a notary public. A ballston spa motor vehicle accident law firm vehicle power of attorney grants the agent the authority to manage car-related obligations and could also include the power to sell a car for instance. If you're interested in preparing a Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a free online legal website like eForms or NYLawHelp. Alternatively, you can have someone else do the work for you.
Third parties can refuse to comply with Powers of Attorney. It can be due to many reasons. In some instances it can cause harm to the Principal. The third party could be held accountable for the damages.
To avoid this it is essential to ensure that the Power of Attorney include language indicating that the agent cannot have title to any real property or other asset owned by the principal unless explicitly stated in the document. The document should also specify that the agent is required to report to a third party a summary on all transactions and other issues in which they act on behalf of their principal.
DMV Hearings
If DMV orders a discretionary action against your driving privilege (such as license suspension due to refusing to take the breath test) you have the right to a hearing to challenge the decision. These hearings can take place in person or Vimeo.Com via the telephone, and are usually conducted in front of an DMV driver safety hearing officer. DMV presents all its evidence against the person, including any witnesses it has subpoenaed at the hearing. You can then present affirmative evidence, such as documents, witnesses or even your testimony. You may also present closing arguments in order to discredit DMV and ask questions to the hearing officer.
In the end, winning the DMV hearing is largely contingent on the specifics of your case, but you are more likely to prevail by hiring an attorney. An attorney can assist in determining whether any mistakes were made by the police in your case during your arrest. For instance they may not have told you that you could lose your license if you declined a breath sample.
While you're not legally required to hire an attorney at a DMV hearing, hiring an NYC DMV attorney will make the process easier. A lawyer is well-versed with the laws applicable to these types of cases, and can assist you to present your case as effectively as you possibly can. They can also assist you to avoid being unfairly penalized at the DMV.
License Suspension
If you are found guilty of specific criminal or traffic violations and are found guilty, the Department of eunice motor vehicle accident law firm Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will normally remain in place until you have completed all the necessary steps to obtain it back.
Your driver's licence can be suspended for a variety of reasons, based upon where you reside. For instance states that have points, the accumulation of too many points may result in the suspension of your license. A judge can also take away your license in the event of violations of traffic law. In most instances, the court will allow you drive with an restricted driving permit during your suspension or revocation.
In certain states, your driver's license can be revoked if been found guilty of certain offenses like DUIs or vehicular murder. In addition the license could be suspended if you have not paid back child support or other civil debts. Your license may be revoked in the event that you have a medical condition that makes it unsafe for you to operate an automobile.
Your New York lawyer can help you determine the status of license and the best way to proceed. They will explain that in most cases, you're entitled to an hearing before the DMV when your license is being suspended.
Representation
A representation letter is an important document that an attorney must send to the person they want to sue. This puts the other party on notice that they have a representative that will represent them, and it also allows the attorney to ask for details and documents from that party.
Many motor vehicle accident cases are built on the tort principle of negligence. Negligence is defined by a inability to exercise the level of care expected from a person who is prudent in the same circumstances. Car accidents typically involve a variety of elements that could lead to or contribute to the accident. A driver's negligence could include driving while under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic warnings. Other factors include distracted driving such as using a cellular phone or trying to apply makeup while driving.
There are some instances in which two people who are injured in a car accident need the same lawyer to represent them. However, it's morally wrong for a single lawyer to represent both the passenger and driver in a personal injury case. This is due to each client having conflicts of interest. This can be overcome by creating a separate contract between each client. Alternatively, each passenger can hire his or her own lawyer to file a lawsuit against the driver who caused the problem.
