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Motor Vehicle Powers of Attorney There are many parties that are responsible for an accident. In these situations the jury may award damages to the injured party according to their percentage of negligence. Although DMV hearings do not have to be associated with criminal court, a seasoned NYC traffic lawyer can make a huge impact on the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these proceedings. Power of Attorney Power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can confer broad or limited powers and must be drafted in accordance to state law. It must be signed and notarized in the presence of a notary or witness public. A motor vehicle power-of-attorney grants the agent the authority to perform duties related to vehicles, which may include selling a vehicle. You can create the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. You could also ask someone to do it. Third parties are sometimes unable to honor Powers of Attorney. It could be because of many reasons. In some instances the refusal can cause harm to the Principal and the third party may be held liable for damages. To prevent this from happening to avoid this, it is essential that the Power of Attorney include language which states that the agent will not be the owner of any real property or other asset owned by the principal unless specified otherwise in the document. The document should also state that the agent must report to an outsider a summary of all transactions as well as any other circumstances in which the agent acts on behalf of the principal. DMV Hearings You are entitled to appeal a decision if DMV decides to take a discretionary action against you (such as refusal to take breathalyzer tests). Hearings can be held in person or by telephone, and are usually held before an DMV driver safety hearing officer. In the hearing, DMV starts by presenting all evidence it has against you, including any witness testimony it has subpoenaed. Then, you get to present affirmative evidence (documents or witnesses, or even your own testimony) challenge the case of DMV in closing arguments, and ask questions of the hearing officer. The outcome of a DMV hearing depends largely on the circumstances of your case, however you are more likely to prevail when you have an attorney. A lawyer can help determine whether there were any mistakes committed by the police officers in your case during your arrest. For instance they may not have advised you that you could lose your license if did not take a breath test. While you are not legally required to have an attorney present at a DMV hearing, hiring an NYC DMV attorney will make the process easier. An attorney is well-versed in the laws surrounding these types of cases, and can help you to present your case as efficiently as you can. They can also assist you to avoid being unfairly penalized by the DMV. Suspension of License The Department of Motor Vehicles can suspend your driving privileges and license if you are accused of certain traffic offenses or violations. The suspension or cancellation of your license will typically remain in effect until you have completed the necessary steps to obtain it back. Your driver's license could be suspended for many reasons, depending on where you reside. For instance in states that employ points-based systems, the accumulation of too many points can result in the suspension of your license. A judge can also suspend your license due to a traffic violation. In most cases, a court will permit you to drive using a restricted driving permit during the period of suspension or the revocation. In certain states, your driver's license can be revoked if been convicted of certain crimes like DUIs or vehicular manslaughter. In addition, your license can be suspended for failure to pay back child support or other civil debts. You may also lose your license if suffer from a medical condition which renders driving a car dangerous. Your New York lawyer can help you determine the status of your license and the best way to proceed. He or she will explain that in the majority of circumstances, you are entitled to a hearing before the DMV when your license is being suspended. Representation A representation letter is a very important document that attorneys send to the person he plans to sue. This puts the other party in the loop that they now have a representative who will represent them and allows the attorney to ask for details and documents from that party. Many motor vehicle accidents are based on negligence, a tort. Negligence can be defined as inability to exercise the level of care that a reasonably prudent person would use under similar circumstances. Automobile accidents often involve multiple factors that can cause or contribute to the incident. For instance, a driver's negligence could include driving while impaired by alcohol or drugs, speeding up or not paying attention to traffic signals. Distracted driving, like using a cell phone while driving or applying makeup is a different aspect. In certain cases there are instances where two victims of an accident in a vehicle want the same lawyer to represent them. It is unethical for an attorney to represent the driver and a passenger in a personal injury claim. motor vehicle accident attorneys wilmington is in conflict. This can be avoided by drafting separate agreements between the clients. Alternatively, passengers can hire their own lawyers to file a suit against the driver.