Motor Vehicle Lawyer Strategies From The Top In The Industry
Motor Vehicle Powers of Attorney
Many parties are usually responsible for an accident. In these instances the jury may award damages to the victim in proportion to their percentage of negligence.
While DMV hearings aren't related to criminal court, a skilled NYC traffic lawyer can make a huge impact on the outcome of your case. 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 can grant a broad or limited power 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 motor vehicle power-of-attorney grants the agent the authority to perform responsibilities related to vehicles, which may include selling a car. You can make the Power of Attorney on your own if you contact your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. You could also ask someone to do it.
Third parties can refuse to respect Powers Of Attorney. motor vehicle accident lawyer pontiac can be due to various reasons. In some instances, a refusal can cause harm to the principal. The third party could be held accountable for the damages.
To avoid this it is crucial that the Power of Attorney include language which states that the agent will not be the owner of any real property or other asset owned by the principal unless specified otherwise in the document. The document should also state that the agent is required to submit to a third party an overview 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 the breath test), you can request have a hearing to challenge the decision. These hearings can be conducted in person or via the telephone, and are usually conducted by an DMV driver safety hearing officer. At the hearing, DMV begins by presenting all evidence it has against you including any witness testimony it has subpoenaed. Then it's your turn to present evidence of affirmative nature (documents or witnesses, or even your own testimony) and attack the DMV's argument in closing arguments, and ask questions to the hearing officer.
In the end, winning an DMV hearing depends largely on the facts of your case, but you are more likely to win if you hire an attorney. A lawyer can help you to determine if the police officers involved in your case made mistakes during your arrest, such as not clearly informing you that your driver's license could be suspended if you refuse to take a breath test.
Although you aren't legally required to employ an attorney present at the DMV hearing, hiring a NYC DMV attorney will make the process easier. A lawyer is well-versed regarding the laws governing these types of cases, and can assist you to present your case as effectively as possible. They can also help you avoid being unfairly penalized by the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your license and driving privileges if you're found guilty of certain traffic offenses or violations. The suspension or suspension of your license is normally remain in place until you've completed the necessary steps to obtain it back.
Your driver's license may be suspended for a variety of reasons, based upon where you reside. In states that rely on points, for instance the accumulation of too many points can result in being suspended. In addition the judge may also ordain your license to be suspended for a traffic offense. In the majority of cases, a court will permit you to drive with a limited driving permit during the period of suspension or the revocation.
In certain states, your license may be suspended in certain cases, such as DUIs and vehicular manslaughter. Your license could also be revoked if you are unable to pay back child support or other civil debts. Your license can also be revoked if you suffer from a medical condition which makes it unsafe to operate an automobile.
Your New York lawyer can help you determine the condition of your license and the best way to proceed. The lawyer will explain that in most cases, you're entitled to an interview with the DMV when your license is suspended.
Representation
A representation letter is a very important document that an attorney sends to the person he plans to sue. It informs the other party that they have a representative that will speak on their behalf. It also permits the lawyer to request information and documents from the other party.
Many motor vehicle accidents are caused by negligence, which is which is a tort. Negligence can be defined as inability to exercise the level of care that a prudent person would use in similar circumstances. Accidents involving cars often involve multiple factors that can cause or contribute to the incident. The negligence of a driver could be driving while under the influence of alcohol or drugs speeding, or not paying attention to traffic warnings. Other factors include distracted driving such as using a mobile phone or trying to put on makeup while driving.
There are instances where two victims in a car accident would like the same attorney to represent them. But, it is ethically improper for one attorney to represent both a passenger and a driver in a personal injury claim. Each client is in conflict. This can be overcome by establishing a separate agreement between each client. Or, they can hire their own lawyers to file a suit against the driver.