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Motor Vehicle Powers of Attorney Often, multiple parties share responsibility for an accident. In these situations, a juror may award damages to the victim depending on their percentage of negligence. Although DMV hearings do not involve 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 document that permits the person to authorise another to perform acts in his or her name. The document may confer broad or limited powers, and must be drafted according to the laws of the state. It must be signed and/or notarized in the presence of a notary or witness public. A motor vehicle power of attorney gives an agent the power to handle vehicle-related responsibilities and may include the ability to sell a car for instance. You can draft a Power of Attorney yourself if you contact your local Department of Motor Vehicles, or use a free legal site like eForms.com or NYLawHelp. You can also hire someone else to handle the task for you. Third parties are sometimes unable to comply with Powers of Attorney. This could be due to different reasons. In some instances the refusal could cause harm to the principal. The third party could be held accountable for these damages. To avoid this it is crucial to ensure that the Power of Attorney include language that states that the agent is not able to claim title to any real property or other asset that is 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 report of all transactions and other issues in which they are acting on behalf of the principal. DMV Hearings If DMV has a discretionary decision against your driving privilege (such as license suspension due to refusing to take breath tests) you are entitled to an appeal hearing to contest the decision. These hearings can take place in person or via the phone, and are typically conducted by an DMV driver safety hearing officer. motor vehicle accident law firm lynwood will present all its evidence against the person, including witnesses it has subpoenaed, during the hearing. Then, you can present affirmative evidence, such as witnesses, documents or your testimony. You may also present closing arguments to attack DMV and ask questions to the judge. It is more likely that you will win a DMV hearing if you hire an attorney. A lawyer can help determine if any mistakes were made by the officers during your arrest. For example, they may not have warned you that you would lose your license if you declined a breath sample. Although you are not legally required to have an attorney at an DMV hearing hiring a NYC DMV lawyer will make the process much easier. A lawyer is well-versed in the laws that govern these kinds of cases and can assist you to present your case as efficiently as is possible. They can also help you avoid being unfairly penalized by the DMV. License Suspension If you are found guilty of certain criminal or traffic violations, the Department of Motor Vehicles may suspend your license and driving privileges. Usually the suspension or revocation will remain in effect until you complete all the steps required to get your license reinstated. Based on the state in which you live, there are many different reasons why your driver's license could be suspended. In states that use points, for instance, accumulating too many can result in a suspension. In addition the judge may also ordain your license to be suspended in the event of a traffic violation. In the majority of instances, a judge will permit you to drive on a limited driving permit during the time of suspension or suspension or revocation. In some states your license may be suspended for certain crimes, including DUIs and vehicular manslaughter. Additionally your license could be suspended if you have not paid back child support or other civil debts. The license may also be revoked if you suffer from a medical issue that makes it unsafe for you to operate in a 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 that in many instances, you are entitled to a hearing before the DMV in the event of your license being suspended. Representation A representation letter is a very important document that an attorney sends to the person they want to sue. This puts the other party on notice that they now have a representative who will represent them and also allows the attorney to ask for documents and other information from that party. A large number of motor vehicle accidents are in the tort doctrine of negligence. Negligence can be defined as inability to exercise the level of care a prudent person would have used in the same circumstances. Accidents involving cars often involve multiple factors which may cause or contribute to the incident. For instance, driver's negligence can include driving under the influence of alcohol or drugs, speeding or disregarding traffic signals. Driving distracted, for example, using your cellular phone while driving, or applying makeup, is another aspect. In certain instances when two people are injured in an accident with a vehicle need the same lawyer to represent them. It is not ethical for an attorney to represent the driver and a passenger in a personal injury claim. This is because each client has an interest conflict. This can be avoided by drafting separate agreements for each client. Alternatively, each passenger can employ their own lawyer to make a claim against the driver who caused the problem.