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Motor Vehicle Powers of Attorney Often, multiple parties share responsibility for an accident. In these instances jurors can award damages to the victim according to their percentage of negligence. Although DMV hearings are not related to criminal court, a skilled NYC traffic lawyer will make a major 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 a document that allows an individual to authorize another to act in his or her name. The document may grant a broad or limited range of powers and must be drafted according to State law. It must be notarized and signed in the presence of a witness or notary public. motor vehicle accident attorney pearland -of-attorney grants the agent the power to perform responsibilities related to vehicles, which may include selling a vehicle. You can draft an Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or you can use a legal website like eForms.com or NYLawHelp. You can also ask someone to do it. Third parties may refuse to accept Powers Of Attorney. This could be due to many reasons. In certain situations, a refusal can cause harm to the Principal. The third party could be held accountable for the damages. To avoid this it is crucial that the Power of Attorney include language informing the agent that he or she cannot take title to any real estate or other property owned by the principal, unless specified otherwise in the document. The document should also stipulate that the agent is required to provide a third party with the details of all transactions and other matters in which they act on behalf of their principal. DMV Hearings If DMV orders a discretionary action against your right to drive (such as license suspension due to refusing to take a breath test), you can request be heard to challenge the decision. These hearings are conducted either in-person or over the phone, and usually held before a safety driver hearing officer from DMV. In the hearing, DMV begins by presenting all of its evidence against you including any witness testimony it has subpoenaed. You can then present affirmative evidence, including witnesses, documents, or your testimony. You can also make closing arguments to smear DMV and ask questions to the hearing official. You are more likely to win an DMV hearing if you engage an attorney. A lawyer can assist you to determine if the police officers involved in your case made any errors during your arrest, for instance, not indicating clearly that your license would be suspended if you refused to take a breath test. While you are not legally required to hire an attorney present at the DMV hearing, hiring a NYC DMV attorney can make the process much simpler. An attorney is knowledgeable about all the laws that apply to these kinds of cases and can help effectively present your case. Additionally, they can 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. Usually, the suspension or revocation will remain in effect until you have completed all required steps to get your license back. Based on the state in which you live there are a variety of reasons that your driver's permit can be suspended. For instance, in states that use points-based systems, the accumulation of too many points could result in an automatic suspension of your license. A judge can also suspend your license in the event of violations of traffic law. In the majority of cases, a court will allow you to drive using a restricted driving permit for the duration of suspension or cancellation. In certain states, your license may be suspended for certain offenses, such as DUIs and vehicular manslaughter. Your license may be suspended if you are unable to pay back child support, or other civil debts. Your license may also be revoked if suffer from a medical condition that makes it unsafe to operate the vehicle. Your New York lawyer can help you determine the validity of your license and the best method to take. The lawyer will explain that in many circumstances, you are entitled to a hearing before the DMV if your license is suspended. Representation A representation letter is an important 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 represent them. It also permits the lawyer to request documents and information from the other party. Many motor vehicle accident claims are caused by negligence, which is a tort. Negligence is defined as inability to exercise the level of care that a reasonably prudent person would have used in the same circumstances. Car accidents are often caused or influenced by a variety of causes. The negligence of a driver could be driving while under the influence of drugs or alcohol or speeding, or ignoring traffic signs. Other reasons include distracted driving like using a cell phone or attempting to apply makeup while driving. In certain instances two people who are injured in an accident in a vehicle would like the same lawyer to represent them. It is unethical for an attorney to represent the driver and a passenger in a personal injury case. This is due to each client having a conflict of interests. This can be resolved by creating a separate agreement between each client. Alternately, the passengers can hire their own lawyers to file a suit against the driver.