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Motor Vehicle Powers of Attorney Frequently there are multiple parties who share the blame for an accident. In such situations, a jury may apportion the damages awarded to the victim in proportion to their share of negligence. Even though 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 an extensive experience representing clients at 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 perform actions on his or her behalf. The document can grant a broad or limited range of powers and must be prepared in accordance with the law of the State. The document must be signed by the signer or notarized by a notary public or a witness. A motor vehicle power of attorney gives the agent the authority to manage the responsibilities of a vehicle and could include the ability to sell a car for example. If you're planning to draft the Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a free online legal website such as eForms or NYLawHelp. Alternatively, you can ask someone else to do it for you. Third parties may refuse to comply with Powers Of Attorney. This can be for various reasons. In some instances refusals can cause harm to the Principal. The third party may be held accountable for the damages. To prevent this from happening to avoid this, it is essential that the Power of Attorney include language indicating that the agent cannot have title to any real property or other asset that is owned by the principal unless specified otherwise in the document. The document should also specify that the agent must submit to a third party an account of every transaction and other matter that they handle on behalf of their principal. DMV Hearings You have the right to appeal a decision in the event that DMV or other agency decides to take discretionary action against you (such as the suspension of your license for refusing to take the breathalyzer test). Hearings can be held in person or via phone, and are usually held before a safety driver hearing officer from DMV. At the hearing, DMV will first present all evidence it has against you including any testimony of witnesses it has subpoenaed. You then have the option of presenting affirmative evidence, including witnesses, documents or your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the judge. It is more likely that you will win a DMV hearing if you hire an attorney. An attorney can help you determine whether there were any mistakes made by the police officers in your case during your arrest. For example they may not have told you that you could lose your license if declined a breath sample. While you're not legally required to hire a lawyer for the DMV hearing, hiring a NYC DMV attorney can make the process simpler. An attorney will be knowledgeable in the laws surrounding these kinds of cases, and will assist you in present your case as effectively as is possible. They can also help you avoid being unfairly penalized at the DMV. Suspension of License If you are found guilty of certain violations of the law that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation remains in effect until you've completed all steps necessary to obtain your license back. Your driver's license can be suspended for various reasons, based on where you live. For instance, in states that use points system, the accumulation of too many points may result in an automatic suspension of your license. In motor vehicle accident attorneys league city may also require your license to be suspended for a traffic offense. In most instances, the court will permit you to drive with a limited driving permit for the duration of your suspension or the revocation. In certain states, your license can be suspended if you've been convicted of certain crimes like DUIs or vehicular manslaughter. The license can be suspended if you are unable to pay back child support or other civil debts. You can also lose your license if suffer with a medical condition that renders driving a car dangerous. Your New York lawyer can help you determine the status of license and the best way to proceed. They will explain that in many circumstances, you are entitled to an appearance before the DMV if your license is being suspended. Representation A representation letter is a very important document that an attorney sends to the person they intend to sue. This puts the other party on notice that they have a representative that will speak on their behalf, and it also allows the lawyer to request documents and information from the party. Many motor vehicle accidents are caused by negligence, which is a tort. Negligence can be defined as a failure to exercise the level of care expected from someone who is prudent in the same circumstances. Automobile accidents are often caused or influenced by a variety of factors. For instance, driver's negligence could include driving when impaired by alcohol or drugs, speeding or disregarding traffic signals. Driving distracted, like using your cellular phone while driving or applying makeup, is another aspect. In certain cases when two people are injured in an accident in a vehicle would like the same lawyer to represent them. It is, however, ethically improper for one attorney to represent both a driver and passengers in a personal injury case. This is because each client has an interest conflict. This can be resolved by establishing a separate contract between each client. Or, each person can hire his or her own lawyer to make a claim against the driver who caused the problem.