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Motor Vehicle Powers of Attorney A number of parties are often at fault for an accident. In such cases the jury could distribute the amount of damages awarded to the victim based on their percentage of negligence. Although DMV hearings do not have to be connected to criminal court, an experienced NYC traffic lawyer can make a substantial difference in the outcome of your case. Gannes & Musico LLP has years of experience representing clients in these hearings. Power of Attorney A power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document can grant broad or limited powers, and must be prepared in accordance with the state's law. It must be signed and/or notarized in the presence of a witness or notary public. A motor vehicle power of attorney grants the agent the authority to manage vehicle-related responsibilities and may include the power to sell a vehicle, for instance. You can prepare a Power of Attorney yourself if you contact your local Department of Motor Vehicles, or go to a legal website like eForms.com or NYLawHelp. You can also request someone to assist you. Third parties could refuse to accept Powers Of Attorney. This can be for various reasons. In some cases the refusal can cause harm to the Principal and the third party could be held accountable for the damages. To prevent this from happening, it is important to ensure that the Power of Attorney include language indicating that the agent cannot be the owner of any real property or other asset owned by the principal unless otherwise stated in the document. The document should also state that the agent is required to report to a third party the details of every transaction and other matter that they conduct on behalf of their principal. DMV Hearings If DMV has a discretionary decision against your driving privilege (such as license suspension for refusing to take breath tests) You are entitled to be heard to challenge the decision. motor vehicle accident attorney el paso can be held in person or by telephone, and are usually conducted in front of a DMV driver safety hearing officer. The hearing is conducted by DMV goes first, presenting all of its evidence against you, including any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, including documents, witnesses or even your testimony. You can also make closing arguments to smear DMV and ask questions to the hearing officer. You are more likely to prevail at a DMV hearing if you hire an attorney. A lawyer can assist you to determine if the police officers involved in your case committed any errors during your arrest, such as not letting you know that your license will be suspended if you refused to take an breath test. While you are not legally required to employ an attorney present at an DMV hearing, hiring a NYC DMV attorney can make the process simpler. A lawyer is well-versed in all the laws applicable to these kinds of cases and can help present your case in a professional manner. Additionally, they will help you avoid being unfairly penalized by the DMV. Suspension of License If you are found guilty of certain criminal or traffic offenses or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will typically remain in effect until you've completed the necessary steps to obtain it back. Based on the state in which you live, there are many different reasons your driver's licence may be suspended. States that use points, for instance having too many points could result in the suspension. A judge can also take away your license due to a traffic violation. In the majority of instances, courts will allow you to drive with a restricted driving permit during the time of your suspension or the revocation. In some states, your license could be revoked if been found guilty of certain crimes, such as DUIs or vehicular manslaughter. In addition the license could be revoked for not paying back child support or other civil debts. Your license may also be revoked if suffer from a medical condition that renders you unfit to operate a vehicle. Your New York lawyer can help you determine the validity of your license and the best method to take. The lawyer will explain to you that in most instances, if your license has been suspended, you are entitled to an hearing at the DMV. Representation A representation letter is an important piece of paper that lawyers must send to the party they will be suing. The letter informs the other party that they have a representative that will represent them. It also allows the lawyer to request documents and information from the other party. Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence can be defined as failure to use the degree of care that a reasonably prudent person would have used in similar circumstances. Car accidents are often caused or contributed to by multiple factors. The negligence of a driver could be driving under the influence of alcohol or drugs speeding, or not paying attention to traffic warnings. Other factors include distracted driving like using a cell phone or trying to put on makeup while driving. There are some instances where two victims in a car accident want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as an individual in a personal injury claim. This is because each client has an interest conflict. This can be overcome by establishing a separate agreement between each client. Or, they can hire their own lawyers to file a suit against the driver.