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Motor Vehicle Powers of Attorney In most cases there are multiple parties who share the blame for an accident. In these instances jurors can award damages to the injured party in proportion to their percentage of negligence. Even though DMV hearings aren't associated with criminal court, a seasoned NYC traffic lawyer will make a major 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 act on his or her behalf. motor vehicle accident law firm springdale can confer broad or limited powers and must be drafted according to the laws of the state. It must be signed and/or notarized the presence of a notary or witness public. A motor vehicle power of attorney grants the agent the power to perform vehicle-related duties including selling a car. You can prepare an Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or you can use a legal website such as eForms.com or NYLawHelp. You can also request someone to do it. Third parties may refuse to comply with Powers Of Attorney. This could be due to a variety of reasons. In some cases the refusal can cause harm to the Principal and the third party can be held liable for those damages. To avoid this it is crucial that the Power of Attorney include language that states that the agent is not able to be the owner of any real property or other asset that is owned by the principal unless otherwise stated in the document. The document should also specify that the agent must report to an outside party a summary of all transactions and other issues in which the agent acts on behalf of the principal. DMV Hearings If DMV has a discretionary decision against your driving privilege (such as license suspension for refusing to take breath tests), you have the right to an appeal hearing to contest the decision. These hearings can be conducted in person or by phone, and are usually held before a safety driver hearing officer from DMV. In the hearing, DMV starts by presenting all evidence it has against you including any witness testimony it has subpoenaed. It's your turn to present evidence of affirmative nature (documents or witnesses, or even your own testimony), attack DMV's case in closing arguments, and ask questions of the hearing officer. In the end, winning the DMV hearing depends largely on the circumstances of your case, but you are more likely to prevail if you hire an attorney. A lawyer can help to determine if the officers involved in your case committed any mistakes during your arrest, for instance, not letting you know that your license could be suspended if you did not take a breath test. Although you are not required to have an attorney present at a DMV hearing having a NYC DMV lawyer will make the process much easier. An attorney is knowledgeable about all the laws applicable to these cases and can help you make your case convincingly. Additionally, they will assist you in avoiding being unfairly penalized by the DMV. Suspension of License The Department of Motor Vehicles can suspend your driving privileges and license if you are found to be guilty of certain traffic offenses or legal violations. The suspension or cancellation of your license will usually remain in place until you've completed the necessary steps to obtain it back. Your driver's license could be suspended due to a variety of reasons, based on the state in which you reside. States that use points, for instance, accumulating too many can result in the suspension. A judge may also revoke your license in the event of violations of traffic law. In most cases, the court will allow you to drive with a restricted driving license during your suspension or the revocation. In certain states, your license could be revoked if been found guilty of certain crimes like DUIs or vehicular manslaughter. Your license can also be revoked when you fail to pay back child support or other civil debts. You could also lose your license if suffer from a medical condition which renders driving a car dangerous. Your New York lawyer will help you determine the condition of your license and the best to proceed. The lawyer will explain that in most cases, you're entitled to an interview with the DMV in the event of your license being suspended. Representation A representation letter is a crucial piece of paper that a lawyer delivers to the person they'll be suing. It informs the other party that they have a representative that will speak on their behalf. It also allows the lawyer to request documents and information from the other party. Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence is defined as a failure to apply the same level of care a prudent person would use in similar circumstances. Accidents in the automobile are usually caused or influenced by multiple factors. The negligence of a driver could be driving under the influence of alcohol or drugs or speeding, or ignoring traffic signs. Distracted driving, like using your mobile phone while driving, or applying makeup, is another reason. In some cases, two people injured in an accident in a vehicle want the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as an individual in a personal injuries claim. Each client is in conflict. This can be resolved by creating a separate contract between each client. In addition, each passenger could hire his or her own lawyer to make a claim against the driver that caused the issue.