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Motor Vehicle Powers of Attorney In many cases there are multiple parties who share the blame for an accident. In these cases, a juror may award damages to the victim in proportion to their percentage of negligence. Although DMV hearings are not connected to criminal court, an experienced NYC traffic lawyer can make a substantial difference in the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients at these hearings. Power of Attorney Power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can grant broad or limited powers, and must be drafted in accordance with the state's law. It must be notarized and signed in the presence of a witness or notary public. A motor vehicle power-of-attorney gives the agent the power to perform duties related to vehicles that could include selling a vehicle. You can draft an Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or go to a legal website like eForms.com or NYLawHelp. You can also have someone else do the work for you. Third parties sometimes refuse to accept Powers of Attorney. This could be due to a variety of reasons. In some cases, a refusal can cause harm to the Principal. The third party could be held responsible for these damages. To avoid this to avoid this, it is essential that the Power of Attorney include language that states that the agent is not able to claim title to any real estate or other property that is owned by the principal unless otherwise specifically stated in the document. The document should also specify that the agent is required to give a third-party a summary on all transactions and other issues that they conduct on behalf of their principal. DMV Hearings You are entitled to an appeal hearing in the event that DMV makes a decision that is discretionary against you (such as an eviction of your license for refusing the breathalyzer test). These hearings can be conducted in person or over the phone, and usually held before a safety driver hearing officer from DMV. DMV provides all evidence against the person, including any witnesses it has subpoenaed, at the hearing. Then, you can present affirmative evidence, including documents, witnesses or your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the hearing officer. It is more likely that you will win in a DMV hearing if you employ an attorney. An attorney can assist in determining if any mistakes were made by the police in your case during your arrest. For instance, they may not have told you that you would lose your license if you refused to take a breath test. While you're not required to have an attorney present at the time of a DMV hearing by law, hiring a NYC DMV lawyer will make the process much easier. A lawyer will be well-versed in the laws that govern these kinds of cases and will assist you in present your case as effectively as you possibly can. In addition, they can assist in preventing you from being unfairly penalized by the DMV. Suspension of License If you are found guilty of a 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 will remain in effect until you complete all required steps to get your license back. Depending on the state in which you live, there are many different reasons that your driver's permit can be suspended. States that use points, for instance the accumulation of too many points can result in a suspension. In addition to that, a judge may ordain your license to be suspended if you are convicted of a traffic crime. In most cases, the court will allow you to drive with a restricted driving license during the suspension or revocation. In certain states, your license can be revoked if you have been convicted of specific crimes like DUIs or vehicular manslaughter. In addition, your license can be revoked for not paying back child support or other civil debts. The license may also be revoked if suffer from a medical issue that makes it unsafe to operate a vehicle. Your New York lawyer can help you determine the validity of your license and the best way to proceed. They will explain that in the majority of instances, you are entitled to an interview with the DMV if your license is suspended. Representation A representation letter is an important piece of paper that lawyers send to the party they will be suing. The letter informs the other party that they have a representative who will represent them. It also allows the lawyer to request information and documents from the other party. Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence is defined as inability to exercise the level of care a prudent person would have employed under similar circumstances. Automobile accidents often involve multiple factors which may cause or contribute to the accident. For instance, driver's negligence could include driving while impaired by alcohol or drugs, speeding, or disregarding traffic signals. Other causes include driving distracted, such as using a mobile phone or attempting to put on makeup while driving. There are motor vehicle accident lawsuit bolingbrook where two people injured in a car accident want the same attorney to represent them. It is unethical for an attorney to represent the driver and an individual in a personal injury claim. Each client is in conflict. This can be overcome by creating a separate agreement between each client. Alternately, each client can employ their own lawyer to make a claim against the adverse driver.