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Motor Vehicle Powers of Attorney Many parties are usually responsible for the accident. In these cases, a jury could award damages to the injured party according to their percentage negligence. Although DMV hearings don't involve criminal courts, a seasoned NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has many years of experience representing clients in these hearings. Power of Attorney A power of attorney is a document that allows an individual to authorize another to act in their name. The document can confer broad or limited powers, and must be drafted in accordance to state law. 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 power to perform responsibilities related to vehicles including selling a vehicle. If you're interested in preparing an Power of Attorney yourself take a look at contacting your local Department of Motor Vehicles or using a legal online website like eForms or NYLawHelp. You could also ask someone to do it. Third parties might not accept Powers Of Attorney. This could be due to various reasons. In certain situations it can cause harm to the principal. The third party could be held accountable for these damages. To prevent this from happening, to prevent this from happening, the Power of Attorney should include language that states that the agent can't claim title to any real estate or property owned by the principal unless explicitly stated in the document. The document should also provide that the agent should submit to an outside party a detailed report of all transactions, as well as any other matters in which the agent acts on behalf of the principal. DMV Hearings If DMV decides to take a discretionary action against your right to drive (such as license suspension due to refusing to take the breath test) You have the right to be heard to challenge the decision. Hearings are held in person or via phone, and are typically held in front of a driver safety hearing officer from DMV. The hearing is conducted by DMV starts by presenting all of its evidence against you including any testimony of witnesses it has subpoenaed. You can then present affirmative evidence, such as documents, witnesses or your testimony. You can also make closing arguments to attack DMV and ask questions to the hearing official. Achieving an DMV hearing depends largely on the circumstances of your case, but you are more likely to prevail when you have an attorney. A lawyer can help determine whether there were any mistakes made by the officers in your case during your arrest. For example they might not have advised you that you would lose your license if you refused a breath test. While you aren't legally required to have an attorney present at an DMV hearing by law however, hiring a NYC DMV lawyer can make the process more efficient. An attorney is knowledgeable about the laws that apply to these kinds of cases and can assist you to present your case in a professional manner. Additionally, they will assist in preventing you from being unfairly penalized by the DMV. License Suspension The Department of Motor Vehicles can suspend your license and driving privileges in the event that you are found guilty of specific traffic violations or other legal violations. The suspension or cancellation of your license will generally remain in effect until you have completed the necessary steps to get it back. motor vehicle accident lawsuit dearborn may be suspended for a variety of reasons, based on the state in which you reside. For instance states that utilize points, the accumulation of too many points can result in the suspension of your license. A judge can also take away your license for a traffic violation. In most instances, courts will allow you to drive using a restricted driving permit for the duration of suspension or revocation. In certain states, your license can be revoked for certain offenses, such as DUIs and vehicular manslaughter. In addition the license could be suspended for failure to pay back child support or other civil debts. Your license could be revoked in the event that you have a medical condition that renders you unfit to operate the vehicle. Your New York lawyer can help you determine the validity of your license and the best method to take. He or she will explain to you that in most cases, if your license has been suspended, then you are entitled to an hearing at the DMV. Representation A representation letter is a very important document that an attorney sends to the person he plans to sue. This puts the other party in the loop that they now have a representative who will speak on their behalf and also allows the attorney to ask for information and documents from that party. Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence is defined as a 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 through a variety factors. A driver's negligence could include driving while under the influence of alcohol or drugs speeding, or not paying attention to traffic warnings. Other causes include driving distracted, such as using a mobile phone or attempting to put on makeup while driving. There are situations in which two people injured in a car crash want the same lawyer to represent them. It is, however, ethically wrong for a single attorney to represent both a passenger and driver in a personal injury claim. Each client has a conflict. This can be overcome by creating a separate agreement between each client. Alternately, the passengers can hire their own lawyers to file a suit against the driver.