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Motor Vehicle Powers of Attorney In most cases, multiple parties share responsibility for an accident. In these situations, a jury may apportion the amount of damages awarded to the injured party by determining their percentage of negligence. Although 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 an extensive experience representing clients at these hearings. motor vehicle accident lawsuit plantation of Attorney A power of attorney is a document that allows the person to authorise another to perform acts in his or her name. The document can grant a broad or limited scope of powers and must be drafted according to State law. The document must be signed or notarized by a notary public or a witness. A motor vehicle power of attorney gives the agent the authority to take care of the responsibilities of a vehicle and could include the ability to sell a vehicle, for instance. You can make the Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. Or, you could have someone else do it for you. Third parties can refuse to honor Powers of Attorney. This can be for various reasons. In certain situations, a refusal can cause harm to the Principal. The third party may be held accountable for these damages. To avoid this, to avoid this, Power of Attorney should include language that states that the agent cannot take title to any real estate or property owned by the principal without being specifically specified in the document. The document should also provide that the agent must report to an outsider a summary of all transactions as well as any other instances where they are acting on behalf of the principal. DMV Hearings You have the right to appeal a decision in the event that DMV orders discretionary action against you (such as the suspension of your license for refusing to take breathalyzer tests). Hearings can be held in-person or over the phone, and are typically held before a driver safety hearing officer from DMV. In the hearing, DMV starts by presenting all evidence it has against you including any witness testimony it has subpoenaed. It's your turn to provide evidence in support of your claim (documents or witnesses, or your own testimony) to attack DMV's evidence in closing arguments, and ask questions to the hearing officer. In the end, winning the DMV hearing depends largely on the facts of your case, however you are more likely to win by hiring an attorney. An attorney can assist you to determine if the police officers involved in your case committed mistakes during your arrest, for instance, not indicating clearly that your driver's license could be suspended if you refused to take the breath test. While you're not required to have an attorney present at a DMV hearing under the law having a NYC DMV lawyer will make the process much easier. An attorney is knowledgeable about all laws applicable to these cases and will help you make your case convincingly. They can also assist you to avoid being unfairly penalized at the DMV. Suspension of License If you are found guilty of certain criminal or traffic offenses that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Typically the suspension or revocation is in effect until you've completed all required steps to get your license reinstated. Your driver's license could be suspended for many reasons, based on the state in which you reside. For instance states that utilize points system, the accumulation of too many points may result in an automatic suspension of your license. In addition the judge may also ordain your license to be suspended for a traffic offense. In the majority of instances the court will let you drive with a restricted driving permit during your suspension or revocation. In some states your license can be revoked for certain offenses, such as DUIs and vehicular manslaughter. Your license may also be revoked if you don't pay child support or other civil debts. The license may also be revoked if you suffer from a medical issue that renders you unfit to operate an automobile. Your New York lawyer will help you determine the condition of your license and determine the best to proceed. He or she will explain to you that in the majority of cases, if you're license has been suspended, you have the right to an interview at the DMV. Representation A representation letter is an important piece of paper that a lawyer delivers to the person they'll be suing. This notifies the other party that they have a representative who will speak on their behalf. It also allows the lawyer to request information and documents from the other party. A lot of motor vehicle accident claims are due to negligence, which is a tort. Negligence is defined as the inability to exercise the standard of care expected of a person who is prudent in the same circumstances. Accidents in the automobile are usually caused or contributed to by a variety of factors. A driver's negligence could include driving under the influence of drugs or alcohol, speeding, or disregarding traffic signs. Other factors include distracted driving like using a cell phone or trying to put on makeup while driving. In some instances when two people are injured in an accident in a car want the same lawyer to represent them. It is unethical for an attorney to represent both a driver and the other person in a personal injury claim. This is because each client has an interest conflict. This can be avoided by creating separate agreements between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.