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Motor Vehicle Powers of Attorney In many cases there are multiple parties who share the blame for an accident. In such cases the jury can distribute damages to the injured party according to their percentage of negligence. Even though DMV hearings are not a part of criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has extensive experience representing clients in these proceedings. Power of Attorney A power of attorney is a legal document that allows the person to authorize someone else to act in his or her name. The document can confer broad or limited powers and must be prepared in accordance with state law. The document must be signed by the signer or notarized before a notary public or a witness. A motor vehicle power-of attorney grants the agent the authority to perform responsibilities related to vehicles that could include selling a car. You can prepare an Power of Attorney yourself by contacting your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. Alternatively, you can have someone else do it for you. Third parties can refuse to respect Powers Of Attorney. This can be for many reasons. In some instances the refusal causes harm to the Principal, and the third party may be held accountable for the damages. To avoid this, it is important to ensure that the Power of Attorney include language indicating that the agent cannot take title to any real estate or other property owned by the principal unless explicitly stated in the document. The document should also specify that the agent is required to provide a third party with the details of all transactions and other matters in which they act on behalf of their principal. DMV Hearings You have the right to an appeal hearing in the event that DMV decides to take a discretionary action against you (such as refusal to take the breathalyzer test). Hearings can be held in-person or over the phone, and are typically held before a safety driver hearing officer from DMV. The hearing is conducted by DMV starts by presenting all of its evidence against you including any testimony of witnesses it has subpoenaed. You can then present affirmative evidence, including documents, witnesses or even your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the hearing officer. You are more likely to prevail at in a DMV hearing if hiring a lawyer. An attorney can assist you to determine if the police officers who were involved in your case committed any mistakes during your arrest, for instance, not clearly advising you that your driver's license could be suspended if it was not possible to take the breath test. Although you aren't legally required to have an attorney present at the DMV hearing, hiring a NYC DMV attorney can make the process easier. An attorney is well-versed regarding the laws governing these kinds of cases, and will assist you in present your case as efficiently as is possible. Additionally, they can help to prevent you from being unfairly penalized by the DMV. License Suspension If you are found guilty of a specific traffic or legal offenses or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. Usually the suspension or revocation remains in effect until you have completed all required steps to get your license back. Your driver's license may be suspended for various reasons, based on the state in which you live. For instance states that have points-based systems, the accumulation of too many points can lead to an automatic suspension of your license. A judge can also take away your license in the event of violations of traffic law. In most cases the court will let you to drive under a restricted driving permit during the suspension or revocation. In certain states, your driver's license can be revoked if been convicted of specific crimes, such as DUIs or vehicular manslaughter. Your license can be suspended if you are unable to pay back child support or other civil debts. motor vehicle accident law firm jacksonville is also possible to lose your license if are suffering from a medical issue that makes driving a car unsafe. Your New York lawyer will help you determine the state of your license and the best to proceed. He or she will explain that in the majority of instances, you are entitled to an hearing before the DMV in the event of your license being suspended. Representation A representation letter is an important document that attorneys send to the person they want to sue. This puts the other party in the loop that they now have a representative who will represent them and allows the attorney to ask for documents and other information from that party. A lot of motor vehicle accident claims are due to negligence, a tort. Negligence is defined as the inability to exercise the standard of care that would be expected of someone who is reasonably prudent in the same circumstances. Accidents in the automobile are usually caused or influenced by a variety of factors. A driver's negligence could include driving under the influence of alcohol or drugs, speeding, or disregarding traffic signs. Other reasons include distracted driving like using a cell phone or attempting to put on makeup while driving. There are situations in which two people injured in a car accident want the same attorney to represent them. It is not ethical for an attorney to represent a driver as well as a passenger in a personal injury case. This is because each client has a conflict of interest. This can be overcome by creating a separate agreement between each client. Alternatively, each passenger can hire their own lawyer to make a claim against the driver who was at fault.