10 Unexpected Motor Vehicle Lawyer Tips
Motor Vehicle Powers of Attorney
A number of parties are often at fault for the accident. In these situations, a juror may award damages to the injured party in proportion to their percentage of negligence.
Even though DMV hearings aren't criminal court-related, an experienced NYC traffic lawyer can make a substantial difference in the outcome of your case. Gannes & Musico LLP has many years of experience representing clients at these hearings.
Power of Attorney
A power of attorney is a legal document that permits 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 set of powers and must be drafted according to the laws of the state. The document must be signed or notarized before a notary public or witness. A motor vehicle power-of-attorney gives the agent the authority to perform duties relating to the vehicle including selling a car. You can draft an Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. You can also have someone else do the task for you.
Third parties are sometimes unable to honor Powers of Attorney. This could be due to many reasons. In some instances the refusal could cause harm to the Principal. The third party may be held accountable for these damages.
To avoid this, the Power of Attorney should include language that states that the agent cannot claim title to any property or real estate owned by the principal, unless explicitly stipulated in the document. The document should also state that the agent is required to report to a third party an account of every transaction and other matter that they handle on behalf of their principal.
DMV Hearings
If DMV orders a discretionary action against your right to drive (such as suspension of your license for refusing to take a breath test), you have the right to a hearing to challenge the decision. These hearings can be conducted in person or over the telephone, and usually conducted by an DMV driver safety hearing officer. In the hearing, DMV goes first, 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 documents, witnesses or your testimony. You can also make closing arguments to challenge DMV and ask questions to the judge.
Winning a DMV hearing is largely contingent on the specifics of your case, however you are more likely to win if you hire an attorney. A lawyer can help determine whether there were any mistakes made by the police officers in your case during your arrest. For instance they may not have told you that you could lose your license if refused to take a breath test.
Although you aren't legally required to hire an attorney for a DMV hearing, hiring a NYC DMV attorney will make the process simpler. An attorney is knowledgeable about all laws applicable to these cases and can assist you to present your case effectively. They can also help you avoid being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of specific 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 have completed all steps necessary to obtain your license reinstated.
Your driver's license may be suspended for a variety of reasons, based upon where you reside. For instance, in states that use a point system, accumulation of too many points can lead to a license suspension. A judge can also detain your license for violations of traffic law. In the majority of instances the court will let you to drive under a restricted driving permit during the suspension or the revocation.
In certain states, your license can be revoked if been convicted of certain crimes like DUIs or vehicular murder.
motor vehicle accident attorneys wyoming can be revoked if fail to pay back child support, or any other civil debts. The license may be suspended if you suffer from a medical issue that makes it unsafe to operate the vehicle.
Your New York lawyer will help you to determine the status of your license and determine the best to proceed. They will explain that in many instances, you are entitled to an interview with the DMV if your license is 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 in the loop that they now have a representative who will speak on their behalf, and it also allows the attorney to ask for documents and other information from that party.
A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence can be defined as a failure to exercise the degree of care that would be expected of a person who is reasonably prudent under similar circumstances. Accidents involving cars often involve multiple factors that could cause or contribute to the accident. A driver's negligence could include driving while under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic signs. Other factors include distracted driving such as using a mobile phone or trying to put on makeup while driving.
In certain cases when two people are injured in an accident in a car want the same lawyer to represent them. It is, however, ethically improper for one attorney to represent both a passenger and a driver in a personal-injury claim. Each client has a conflict. This can be resolved by creating a separate agreement between each client. Or, each person can hire their own lawyer to start a lawsuit against the driver that caused the issue.
