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Motor Vehicle Powers of Attorney
Often there are multiple parties who share the blame for an accident. In such situations the jury may decide to distribute the award of damages to the injured party according to their percentage of negligence.
Although DMV hearings are not connected to criminal court, an experienced NYC traffic lawyer can make a huge difference in the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.
Power of Attorney
A power of attorney is a document that permits the person to authorise another to act in their name. The document can grant a wide or limited set of powers and must be drafted in accordance with the law of the State. The document must be signed or notarized before a notary public or a witness. A motor vehicle power of attorney grants the agent authority to handle vehicle-related responsibilities and may include the ability to sell a car for instance. If you want to prepare the Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. Alternately, you can have someone else do it for you.
Third parties are sometimes unable to honor Powers of Attorney. This could be due to various reasons. In some instances the refusal can cause harm to the Principal, and the third party can be held liable for damages.
To prevent this from happening to avoid this, the Power of Attorney should include specific language that says that the agent cannot claim title to any property or real estate owned by the principal, unless specifically stipulated in the document. The document should also mention that the agent must submit to a third party the details of any transactions or other matters that they conduct on behalf of their principal.
DMV Hearings
You are entitled to appeal a decision If DMV or other agency decides to take discretionary action against you (such as the suspension of your license for refusing to take breathalyzer tests). Hearings can be held in person or by phone, and are typically held before a safety driver hearing officer from DMV. At the hearing, DMV starts by presenting all evidence it has against you and any witness testimony it has subpoenaed. Then you're able to present affirmative evidence (documents and witnesses, or your own testimony) challenge the case of DMV in closing arguments, and ask questions of the hearing officer.
You are more likely to prevail at the DMV hearing if hiring a lawyer. A lawyer can help you to determine if the officers involved in your case committed any mistakes during the arrest, for instance, not clearly informing you that your license would be suspended if you refused to take the breath test.
While you are not legally required to use a lawyer for an DMV hearing, hiring a NYC DMV attorney can make the process much easier. A lawyer will be well-versed regarding the laws governing these kinds of cases and can assist you to present your case as effectively as possible. In addition, they can assist in preventing you from being unfairly penalized by the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your license and driving privileges if you are found guilty of certain traffic offenses or violations. The suspension or cancellation of your license will usually remain in place until you've completed the necessary steps to get it back.
Your driver's licence can be suspended for a variety of reasons, based upon where you live. States that use points, for instance the accumulation of too many points can result in a suspension. In addition the judge may also decide to have your license suspended for a traffic conviction. In most cases, the court will allow you to drive with a restricted driving permit during the suspension or the revocation.
In some states, your license may be suspended if you've been found guilty of certain crimes, such as DUIs or vehicular manslaughter. In addition your license could be suspended for failure to pay back child support or other civil debts. You could also lose your license if you suffer from a medical condition which makes driving a vehicle unsafe.
Your New York lawyer will help you determine the condition of your license and the best to proceed. The lawyer will explain that in the majority of cases, you're entitled to an appearance before the DMV when your license is suspended.
Representation
A representation letter is a crucial piece of paper that a lawyer sends to the person they'll be suing. This puts the other party in the loop that they have a representative that will speak on their behalf, and it also allows the lawyer to request documents and information from the party.
A large number of motor vehicle accidents are founded on the tort theory of negligence. Negligence is defined by a failure to exercise the level of care that would be expected from a person who is reasonably prudent under similar circumstances. Accidents involving cars are usually caused or influenced by a variety of causes. A driver's fault could be driving while under the influence of alcohol or drugs or speeding, or ignoring traffic warnings. Driving distracted, for example, using your mobile phone while driving or applying makeup, is another aspect.
There are instances in which two people who are injured in a car accident would like the same lawyer to represent them. However, it is morally wrong for a single lawyer to represent both the passenger and driver in a personal-injury claim. This is because each client has a conflict of interests. This can be resolved by establishing a separate contract between each client. Alternately, each client can hire their own lawyer to start a lawsuit against the driver who caused the problem.
Often there are multiple parties who share the blame for an accident. In such situations the jury may decide to distribute the award of damages to the injured party according to their percentage of negligence.
Although DMV hearings are not connected to criminal court, an experienced NYC traffic lawyer can make a huge difference in the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.
Power of Attorney
A power of attorney is a document that permits the person to authorise another to act in their name. The document can grant a wide or limited set of powers and must be drafted in accordance with the law of the State. The document must be signed or notarized before a notary public or a witness. A motor vehicle power of attorney grants the agent authority to handle vehicle-related responsibilities and may include the ability to sell a car for instance. If you want to prepare the Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. Alternately, you can have someone else do it for you.
Third parties are sometimes unable to honor Powers of Attorney. This could be due to various reasons. In some instances the refusal can cause harm to the Principal, and the third party can be held liable for damages.
To prevent this from happening to avoid this, the Power of Attorney should include specific language that says that the agent cannot claim title to any property or real estate owned by the principal, unless specifically stipulated in the document. The document should also mention that the agent must submit to a third party the details of any transactions or other matters that they conduct on behalf of their principal.
DMV Hearings
You are entitled to appeal a decision If DMV or other agency decides to take discretionary action against you (such as the suspension of your license for refusing to take breathalyzer tests). Hearings can be held in person or by phone, and are typically held before a safety driver hearing officer from DMV. At the hearing, DMV starts by presenting all evidence it has against you and any witness testimony it has subpoenaed. Then you're able to present affirmative evidence (documents and witnesses, or your own testimony) challenge the case of DMV in closing arguments, and ask questions of the hearing officer.
You are more likely to prevail at the DMV hearing if hiring a lawyer. A lawyer can help you to determine if the officers involved in your case committed any mistakes during the arrest, for instance, not clearly informing you that your license would be suspended if you refused to take the breath test.
While you are not legally required to use a lawyer for an DMV hearing, hiring a NYC DMV attorney can make the process much easier. A lawyer will be well-versed regarding the laws governing these kinds of cases and can assist you to present your case as effectively as possible. In addition, they can assist in preventing you from being unfairly penalized by the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your license and driving privileges if you are found guilty of certain traffic offenses or violations. The suspension or cancellation of your license will usually remain in place until you've completed the necessary steps to get it back.
Your driver's licence can be suspended for a variety of reasons, based upon where you live. States that use points, for instance the accumulation of too many points can result in a suspension. In addition the judge may also decide to have your license suspended for a traffic conviction. In most cases, the court will allow you to drive with a restricted driving permit during the suspension or the revocation.
In some states, your license may be suspended if you've been found guilty of certain crimes, such as DUIs or vehicular manslaughter. In addition your license could be suspended for failure to pay back child support or other civil debts. You could also lose your license if you suffer from a medical condition which makes driving a vehicle unsafe.
Your New York lawyer will help you determine the condition of your license and the best to proceed. The lawyer will explain that in the majority of cases, you're entitled to an appearance before the DMV when your license is suspended.
Representation
A representation letter is a crucial piece of paper that a lawyer sends to the person they'll be suing. This puts the other party in the loop that they have a representative that will speak on their behalf, and it also allows the lawyer to request documents and information from the party.
A large number of motor vehicle accidents are founded on the tort theory of negligence. Negligence is defined by a failure to exercise the level of care that would be expected from a person who is reasonably prudent under similar circumstances. Accidents involving cars are usually caused or influenced by a variety of causes. A driver's fault could be driving while under the influence of alcohol or drugs or speeding, or ignoring traffic warnings. Driving distracted, for example, using your mobile phone while driving or applying makeup, is another aspect.
There are instances in which two people who are injured in a car accident would like the same lawyer to represent them. However, it is morally wrong for a single lawyer to represent both the passenger and driver in a personal-injury claim. This is because each client has a conflict of interests. This can be resolved by establishing a separate contract between each client. Alternately, each client can hire their own lawyer to start a lawsuit against the driver who caused the problem.
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