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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 instances jurors can award damages to the victim depending on their percentage of negligence. Although DMV hearings do not require criminal court, a knowledgeable NYC traffic lawyer can make a huge difference in the outcome. Gannes & Musico LLP has years of experience representing clients at these hearings. Power of Attorney A 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 scope of powers and must be prepared according to State law. It must also be signed and/or notarized in the presence of a witness or a notary public. A motor vehicle power of attorney gives the agent the authority to take care of car-related obligations and could also include the ability to sell a car, for instance. You can draft the Power of Attorney on your own if you contact your local Department of Motor Vehicles, or visit a free legal website such as eForms.com or NYLawHelp. You can also ask a friend to assist you. Third parties sometimes refuse to honor Powers of Attorney. This can be due to a number of reasons. In some instances, the refusal causes harm to the Principal, and the third party could be held liable for those damages. To prevent this from happening to avoid this, it is essential that the Power of Attorney include language informing the agent that he or she cannot take title to any real property or other asset owned by the principal, unless otherwise stated in the document. The document should also specify that the agent is required to provide a third party with an overview of all transactions and other matters that they conduct on behalf of their principal. DMV Hearings You are entitled to an appeal hearing in the event that DMV or other agency decides to take discretionary action against you (such as the suspension of your license for refusing to take breathalyzer testing). These hearings are conducted either in person or by phone, and usually held before a safety driver hearing officer from DMV. DMV will present all its evidence against the person, including witnesses it has subpoenaed, at the hearing. It's your turn to present evidence that is affirmative (documents or witnesses, or your own testimony), attack DMV's case in closing arguments, and ask questions to the hearing officer. You are more likely win the DMV hearing if you hire an attorney. A lawyer can help you to determine if the officers involved in your case made any mistakes during the arrest, for instance, not letting you know that your license could be suspended if you did not take the breath test. While you're not legally required to use an attorney present at the time of a DMV hearing hiring a NYC DMV lawyer can make the process easier. An attorney is well-versed in the laws surrounding these kinds of cases and will assist you in present your case as efficiently as you can. They can also help you avoid being unfairly penalized at the DMV. Suspension of License The Department of Motor Vehicles can suspend your driving privileges and license when you are found guilty of certain traffic offenses or legal violations. The suspension or revocation of your license will generally remain in effect until you've completed the necessary steps to obtain it back. Based on the state in which you live there are a variety of reasons why your driver's license could be suspended. For instance states that have a point system, accumulation of too many points can result in the suspension of your license. Additionally, a judge can also require your license to be suspended for a traffic offense. In the majority of instances, the court will allow you to drive using a restricted driving permit during the period of your suspension or the revocation. In some states, your license can be revoked if you have been found guilty of certain crimes like DUIs or vehicular murder. Your license may also be revoked when you fail to pay back child support, or any other civil debts. motor vehicle accident attorneys santa fe can also lose your license if are suffering with a medical condition that makes driving a car unsafe. Your New York lawyer will help you determine the condition of your license and how best to proceed. The lawyer 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 very important document that an attorney sends to the person they intend to sue. This puts the other party on notice that they now have a representative who will represent them and allows the attorney to ask for information and documents from that party. A large number of motor vehicle accidents are in the tort doctrine of negligence. Negligence is defined as a failure to exercise the level of care that would be expected from a person who is reasonably prudent under the same circumstances. Car accidents are often caused or influenced by multiple factors. A driver's negligence may include driving while under the influence of alcohol or drugs speeding, or not paying attention to traffic signs. Other factors include distracted driving like using a cell phone or trying to put on makeup while driving. In certain instances when two people are injured in an accident in a car want the same lawyer to represent them. It is, however, ethically wrong for a single attorney to represent both the passenger and a driver in a personal injury lawsuit. This is because each client has a conflict of interests. This can be resolved by creating a separate agreement between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.