10 Motor Vehicle Lawyer Tips All Experts Recommend
Motor Vehicle Powers of Attorney
Multiple parties are often responsible for an accident. In these instances the jury may award damages to the victim according to their percentage of negligence.
Although DMV hearings do not require criminal court, a skilled NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients at these hearings.
Power of Attorney
A power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a wide or limited power and must be drafted in accordance with the law of the State. It must also be notarized and signed in the presence of a witness or a notary public. A motor vehicle power of attorney gives an agent the power to handle car-related obligations and could also include the ability to sell a car for instance. If you're planning to draft a Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a free online legal website like eForms or NYLawHelp. You can also ask someone else to do the work for you.
Third parties could refuse to honor Powers Of Attorney. It could be because of many reasons. In certain situations it can cause harm to the principal. The third party may be held accountable for these damages.
To avoid this to avoid this, to prevent this from happening, the Power of Attorney should include specific language that says that the agent cannot be the owner of any property or real estate owned by the principal, unless explicitly stipulated in the document. The document should also mention that the agent is required to report to a third party a summary on all transactions and other issues that they perform on behalf of their principal.
DMV Hearings
You have the right to appeal a decision when DMV orders discretionary action against you (such as a license suspension for refusing breathalyzer tests). Hearings are held in person or over the telephone, and are usually held before a driver safety hearing officer from DMV. The hearing is conducted by DMV goes first, presenting all of its evidence against you, including any witness testimony it has subpoenaed. Then you're able to present evidence that is affirmative (documents and witnesses, or your own testimony) challenge the case of DMV in closing arguments, and ask questions to the hearing officer.
Winning a DMV hearing is contingent upon the circumstances of your case, however you are more likely to win by hiring an attorney. An attorney can assist you to determine if the officers who were involved in your case committed any mistakes during the arrest, like not letting you know that your license will be suspended if you refuse to take a breath test.
Although you are not required to have an attorney at a DMV hearing having a NYC DMV lawyer can make the process more efficient. An attorney is knowledgeable about all laws applicable to these types of cases and can help present your case in a professional manner. In addition, they can help to prevent you from being unfairly penalized by the DMV.
License Suspension
If you are accused of certain traffic or legal offenses and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. Typically the suspension or revocation remains in effect until you have completed all required steps to get your license reinstated.
Your driver's license can be suspended for a variety of reasons, based on the state in which you reside. In states that require points, for instance excessive accumulation of points could cause the suspension. A judge can also detain your license if there is an offense in traffic. In the majority of instances the court will let you drive with a restricted driving permit during the suspension or revocation.
In some states your license may be suspended in certain cases, such as DUIs and vehicular manslaughter. Additionally, your license can be revoked if you fail to pay back child support or other civil debts. It is also possible to lose your license if are suffering from a medical condition that makes driving a vehicle unsafe.
Your New York lawyer can help you determine the status of your license and the best way to proceed. He or she will explain that in most instances, you are entitled to an hearing before the DMV in the event that your license is being suspended.
Representation
A representation letter is an important document that an attorney must send to the person he plans to sue. This puts the other party on notice that they now have a representative who will represent them and allows the attorney to ask for information and documents from that party.
Many motor vehicle accident claims are based on negligence, which is a tort. Negligence can be defined as a failure to exercise the degree of care that would be expected from someone who is prudent in similar circumstances. motor vehicle accident lawyer richmond involving cars often involve multiple factors which may cause or contribute to the accident. A driver's negligence could include driving while under the influence of alcohol or drugs, speeding, or disregarding traffic signs. Distracted driving, like using your cellular phone while driving or applying makeup, is a further reason.
In certain instances there are instances where two victims of an accident with a vehicle need the same lawyer to represent them. However, it is ethically wrong for a single attorney to represent both a passenger and driver in a personal injury claim. This is because each client has a conflict of interests. This can be overcome by creating a separate contract between each client. In addition, each passenger could hire their own lawyer to bring a lawsuit against the driver that caused the issue.