The Top Motor Vehicle Lawyer Experts Are Doing 3 Things
Motor Vehicle Powers of Attorney
Many parties are usually responsible for the accident. In these instances the jury may decide to distribute damages to the victim in proportion to their share of negligence.
Although DMV hearings do not require criminal court, a knowledgeable NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico, LLP has extensive experience representing clients in these proceedings.
Power of Attorney
Power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a wide or limited set of powers and must be prepared in accordance with the law of the State. It must also be notarized and signed in the presence of a witness or notary public. A motor vehicle power of attorney grants the agent the authority to perform duties related to vehicles, which may include selling a vehicle. motor vehicle accident lawyer pembroke pines can create an Power of Attorney on your own if you contact your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. You can also ask a friend to help you prepare it.
Third parties may not comply with Powers of Attorney. This can be due to various reasons. In some instances the refusal causes harm to the Principal, and the third party could be held accountable for the damages.
To prevent this from happening, the Power of Attorney should include specific language that says that the agent can't claim title to any property or real estate owned by the principal without being explicitly specified in the document. The document should also mention that the agent is required to submit to a third party an account of every transaction and other matter that they perform on behalf of their principal.
DMV Hearings
If DMV decides to take a discretionary action against your driving privilege (such as license suspension for refusing to take a breath test) you are entitled to an appeal hearing to contest the decision. Hearings can be held in person or over the telephone, and usually held in front of an DMV driver safety hearing officer. DMV presents all its evidence against the person, including witnesses it has subpoenaed during the hearing. Then it's your turn to provide evidence in support of your claim (documents and witnesses, or your own testimony) to attack DMV's evidence in closing arguments, and ask questions of the hearing officer.
Achieving the DMV hearing is largely contingent on the facts of your case, but you are more likely to prevail if you hire an attorney. An attorney can assist you to determine if the officers involved in your case committed any mistakes during your arrest, for instance, not clearly informing you that your license would be suspended if you did not take a breath test.
Although you aren't legally required to employ an attorney for the DMV hearing, hiring a NYC DMV attorney can make the process easier. A lawyer will be well-versed with the laws applicable to these kinds of cases and will assist you in present your case as effectively as you can. Additionally, they will help to prevent you from being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of a specific traffic or legal offenses and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will typically remain in effect until you have completed all the required steps to get it back.
The state in which you live, there are many different reasons why your driver's license can be suspended. In states that use points, for instance having too many points could cause a suspension. Additionally the judge may also decide to have your license suspended if you are convicted of a traffic crime. In the majority of instances, the court will allow you drive with restricted driving permits during your suspension or revocation.
In certain states, your license may be suspended for certain crimes such as DUIs and vehicular manslaughter. Your license could also be revoked if you fail to pay back child support, or other civil debts. Your license may also be revoked if suffer from a medical condition which renders you unfit to operate a vehicle.
Your New York lawyer will help you determine the status 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 is suspended, you have the right to a hearing at the DMV.
Representation
A representation letter is a crucial piece of paper that lawyers must send to the person they'll be suing. This puts the other party in the loop that they have a representative that will represent them and allows the lawyer to request details and documents from that party.
Many motor vehicle accident claims are caused by negligence, which is a tort. Negligence is defined as a failure to apply the same level of care that a prudent person would have applied in the same situation. Car accidents typically involve a variety of factors that could cause or contribute to the incident. A driver's fault could be driving while under the influence of drugs or alcohol or speeding, or ignoring traffic warnings. Other causes include driving distracted, such as using a cellular phone or trying to apply makeup while driving.
There are certain instances where two people who have been injured in a car accident need the same attorney to represent them. However, it is morally wrong for a single lawyer to represent both the passenger and driver in a personal injury case. Each client is in conflict. This is avoided by drafting separate agreements for each client. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.