10 Things Everyone Makes Up About The Word "Motor Vehicle Lawyer."
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 of negligence.
Even though DMV hearings do not involve criminal court, a knowledgeable NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings.
Power of Attorney
The power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document may grant broad or limited powers and must be prepared in accordance with state law. It must be signed and notarized in the presence of a witness or a notary public. A motor vehicle power-of-attorney grants the agent the power to perform duties relating to the vehicle, which may include selling a vehicle. If you're interested in preparing the Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a free legal website like eForms or NYLawHelp. Alternately, you can have someone else do the task for you.
Third parties can refuse to honor Powers of Attorney. This could be due to various reasons. In some cases the refusal may cause harm to the Principal and the third party may be held liable for damages.
To avoid this, it is important to ensure that the Power of Attorney include language which states that the agent will not claim title to any real property or other asset that is owned by the principal unless otherwise stated in the document. The document should also stipulate that the agent is required to give a third-party an account of all transactions and other matters that they handle on behalf of their principal.
DMV Hearings
If DMV has a discretionary decision against your right to drive (such as license suspension for refusing to take a breath test) you have the right to an appeal hearing to contest the decision. These hearings are conducted either in person or over the phone, and are usually conducted by a driver safety hearing officer from DMV. At the hearing, DMV starts by presenting all evidence it has against you and any witness testimony it has subpoenaed. You are then able to present your own evidence, such as documents, witnesses or even your testimony. You may also present closing arguments to smear DMV and ask questions to the hearing officer.
Winning an DMV hearing is dependent on the specifics of your case, however you are more likely to prevail by hiring an attorney. A lawyer can help to determine if the officers who were involved in your case made mistakes during your arrest, such as not clearly informing you that your license could be suspended if you refused to take the breath test.
While you aren't legally required to have an attorney at a DMV hearing under the law however, hiring a NYC DMV lawyer can help make the process simpler. A lawyer will be well-versed regarding the laws governing these kinds of cases and can help you to present your case as efficiently as is possible. Additionally, they will help to prevent you from being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of specific criminal or traffic violations, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or cancellation of your license will usually remain in place until you have completed all the necessary steps to get it back.
Depending on the state in which you reside, there are many different reasons that your driver's license may be suspended. For instance, in states that use points system, the accumulation of too many points can result in a license suspension. Additionally an judge could also decide to have your license suspended if you are convicted of a traffic crime. In most instances, the court will allow you to drive with a restricted driving permit during the time of your suspension or the revocation.
In some states, your license could be revoked if you have been found guilty of certain crimes like DUIs or vehicular murder. Additionally your license could be revoked if you fail to pay back child support or other civil debts. You could also lose your license if suffer from a medical condition that makes driving a vehicle unsafe.
Your New York lawyer can help you determine the status of license and the best method to take. The lawyer will explain to you that in the majority of instances, if your license has been suspended, then you have the right to a hearing at the DMV.
Representation
A representation letter is a very important document that an attorney sends to the person he plans to sue. motor vehicle accident attorney westminster informs the other party that they have a representative that will speak on their behalf. It also allows the lawyer to request information and documents from the other party.
Many motor vehicle accident cases are based on the tort concept of negligence. Negligence can be defined as failure to apply the same level of care that a reasonably prudent person would have applied in the same situation. Accidents involving cars are usually caused or influenced by a variety of factors. A driver's fault could be driving while under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic signs. Distracted driving, such as using your cellular phone while driving, or applying makeup is a different aspect.
In some cases two people who are injured in an accident in a vehicle want the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as an individual in a personal injury lawsuit. Each client is in conflict. This can be resolved by creating a separate contract between each client. Or, they can hire their own lawyers to file a suit against the driver.