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Motor Vehicle Powers of Attorney In many cases, multiple parties share responsibility for an accident. In these situations, a jury could award damages to the injured party according to their percentage negligence. Even though DMV hearings are not a part of criminal court, a knowledgeable NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico, LLP has extensive experience representing clients in these hearings. Power of Attorney A power of attorney is a document that permits a person to authorize another to perform acts in his or her name. The document can grant broad or limited powers and must be drafted according to the laws of the state. The document must be signed by the signer or notarized in front of a notary public or a witness. A motor vehicle power-of-attorney grants the agent the authority to perform duties related to vehicles that may include selling a vehicle. You can make an Power of Attorney on your own if you contact your local Department of Motor Vehicles, or visit a free legal website such as eForms.com or NYLawHelp. Or, you could ask someone else to do the work for you. Third parties might not comply with Powers Of Attorney. This could be due to different reasons. In some cases the refusal may cause harm to the Principal, and the third party could be held accountable for the damages. To avoid this to avoid this, the Power of Attorney should include provisions that say that the agent will not assume title to any property or real estate owned by the principal unless explicitly stated in the document. motor vehicle accident lawyer new rochelle should also specify that the agent has to submit to an outsider a summary of all transactions and other circumstances in which the agent acts on behalf of the principal. DMV Hearings If DMV orders a discretionary action against your driving privilege (such as a license suspension for refusing to take breath tests) you are entitled to have a hearing to challenge the decision. Hearings are held in-person or over the telephone, and are usually held before a driver safety hearing officer from DMV. At the hearing, DMV begins by presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. You then have the option of presenting affirmative evidence, such as witnesses, documents or your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing official. The outcome of a DMV hearing is largely contingent on the specifics of your case, however you are more likely to prevail when you have an attorney. An attorney can assist in determining if any mistakes were committed by the police officers in your case during your arrest. For instance, they may not have informed you that you could lose your license if refused to take a breath test. Although you aren't legally required to use an attorney at the time of a DMV hearing hiring a NYC DMV lawyer will make the process much easier. A lawyer is well-versed in all laws applicable to these cases and can assist you to present your case in a professional manner. They can also help you avoid being unfairly penalized at the DMV. Suspension of License If you are accused of certain criminal or traffic offenses that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will typically remain in effect until you have completed all the necessary steps to obtain it back. Based on the state in which you reside, there are many different reasons your driver's licence can be suspended. In states that rely on points, for example excessive accumulation of points could result in the suspension. In addition an judge could also decide to have your license suspended if you are convicted of a traffic crime. In most instances, courts will permit you to drive with a restricted driving permit for the duration of your suspension or the revocation. In certain states, your license may be revoked for certain offenses, such as DUIs and vehicular manslaughter. Your license can be revoked if are unable to pay back child support, or any other civil debts. Your license may also be revoked if you have a medical condition that renders you unfit 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 many instances, you are entitled to an appearance before the DMV if your license is suspended. Representation A representation letter is an important piece of paper that lawyers send to the person they'll be suing. It informs the other party that they have a representative who will represent them. It also allows 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 is defined as the inability to exercise the level of care expected from a person who is reasonably prudent in similar circumstances. Automobile accidents usually involve multiple factors that could cause or contribute to the incident. A driver's negligence may include driving under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic signs. Other causes include driving distracted, such as using a mobile phone or attempting to apply makeup while driving. There are certain instances where two victims in a car accident want the same attorney to represent them. But, it is ethically unwise for one attorney to represent both the driver and passengers in a personal injury case. Each client is in conflict. This can be overcome by establishing a separate agreement between each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.