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Motor Vehicle Powers of Attorney Many parties are usually responsible for an accident. In such situations the jury could distribute damages to the victim in proportion to their share of negligence. Although DMV hearings don't involve criminal court, an experienced NYC traffic lawyer can make a huge difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients in these hearings. Power of Attorney The 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 a broad 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 notary public. A motor vehicle power-of-attorney gives the agent the power to perform responsibilities related to vehicles that could include selling a car. If motor vehicle accident law firm clarksville looking to create an Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. Or, you could hire someone else to handle it for you. Third parties might not respect Powers Of Attorney. It could be because of several reasons. In certain situations, a refusal can cause harm to the Principal. The third party could be held accountable for damages. To prevent this from happening to avoid this, to avoid this, the Power of Attorney should include words that state that the agent will not claim title to any property or real estate owned by the principal, unless specifically stated in the document. The document should also stipulate that the agent should submit to an outside party a summary of all transactions and other matters in which the agent acts on behalf of the principal. DMV Hearings You are entitled to an appeal hearing if DMV or other agency decides to take discretionary action against you (such as a license suspension for refusing a breathalyzer). These hearings are conducted either in-person or over the telephone, and are usually conducted by a driver safety hearing officer from DMV. In the hearing, DMV begins by presenting all of its evidence against you and any witness testimony it has subpoenaed. Then you're able 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. In the end, winning a DMV hearing is largely contingent on the facts of your case, but you are more likely to prevail when you have an attorney. An attorney can assist you to determine if the officers who were involved in your case committed any errors during your arrest, for instance, not indicating clearly that your license would be suspended if you did not take a breath test. While you're not legally required to use an attorney present at a DMV hearing, hiring a NYC DMV attorney can make the process much easier. An attorney is knowledgeable about all the laws that apply to these types of cases and can assist you to make your case convincingly. Additionally, they will assist you in avoiding being unfairly penalized by the DMV. License Suspension If you are accused of certain violations of the law, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or suspension of your license is generally remain in effect until you have completed the necessary steps to get it back. Your driver's license could be suspended for many reasons, depending on where you reside. For instance states that utilize a point system, accumulation of too many points can result in a license suspension. A judge can also take away your license in the event of an offense in traffic. In most instances the court will let you to drive with a restricted driving license during the suspension or revocation. In some states, your driver's license can be revoked if been convicted of specific crimes like DUIs or vehicular murder. The license can also be revoked when you don't pay child support, or other civil debts. You may also lose your license if you are suffering from a medical condition which can make driving a car unsafe. Your New York lawyer can help you determine the validity of your license and the best method to take. They will explain that in many cases, you're entitled to an interview with the DMV if your license is suspended. Representation A representation letter is a crucial piece of paper that lawyers must send to the person they'll be suing. This notifies the other party that they have a representative that will represent them. It also permits the lawyer to request information and documents from the other party. A lot of motor vehicle accident claims are based on negligence, a tort. Negligence is defined as a failure to apply the same level of care that a prudent person would have employed in the same circumstances. Accidents in the automobile are usually caused or influenced by multiple factors. For example, a driver's negligence may include driving when impaired by alcohol or drugs, speeding up or not paying attention to traffic signals. Other causes include driving distracted, 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 the driver and the other person in a personal injury claim. This is due to each client having an interest conflict. This can be avoided by drafting separate agreements for each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.