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Motor Vehicle Powers of Attorney In most cases there are multiple parties who share the blame for an accident. In these instances, a jury may apportion the amount of damages awarded to the victim according to their percentage of negligence. Although DMV hearings do not involve criminal court, a skilled NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has years of experience representing clients in these hearings. Power of Attorney A power of attorney is a legal document that allows an individual to authorize another to perform acts in his or her name. The document may grant broad or limited powers and must be drafted according to the laws of the state. It must also be signed and/or notarized the presence of a witness or a notary public. A motor vehicle power-of-attorney grants the agent the authority to perform duties relating to the vehicle that could include selling a vehicle. You can create the 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 ask someone else to do the work for you. Third parties may refuse to accept Powers Of Attorney. This can be for various reasons. In some cases it can cause harm to the Principal. The third party could be held responsible for these damages. To prevent this from happening it is essential to ensure that the Power of Attorney include language which states that the agent will not claim title to any real estate or other property that is owned by the principal unless specified otherwise 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 circumstances in which he or she acts on behalf of the principal. DMV Hearings You have the right to an appeal hearing If DMV or other agency decides to take discretionary action against you (such as an eviction of your license for refusing breathalyzer tests). Hearings are held in-person or over the phone, and usually conducted by a driver safety hearing officer from DMV. DMV provides all evidence against the person, including witnesses it has subpoenaed, at the hearing. Then it's your turn to present evidence of affirmative nature (documents, witnesses or your own testimony) challenge the case of DMV in closing arguments, and ask questions to the hearing officer. The outcome of the DMV hearing is largely contingent on the specifics of your case, however you are more likely to prevail if you hire an attorney. A lawyer can help to determine if the officers who were involved in your case committed any mistakes during the arrest, such as not indicating clearly that your driver's license could be suspended if you refuse to take a breath test. While you aren't legally required to use an attorney present at the time of a DMV hearing, hiring a NYC DMV lawyer will make the process much easier. A lawyer is well-versed in the laws surrounding these kinds of cases, and will assist you in present your case as effectively as you can. They can also assist you to avoid being unfairly penalized at the DMV. License Suspension If you are found guilty of certain criminal or traffic violations or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will usually remain in place until you have completed all the necessary steps to obtain it back. Your driver's license can be suspended due to a variety of reasons, based on where you reside. For motor vehicle accident attorney rhode island in states that employ a point system, accumulation of too many points may result in an automatic suspension of your license. Additionally the judge may also ordain your license to be suspended for a traffic conviction. In most instances, the court will permit you to drive with a limited driving permit for the duration of suspension or suspension or revocation. In some states your license could be revoked for certain offenses, such as DUIs and vehicular manslaughter. Your license can also be revoked when you fail to pay back child support or other civil debts. You could also lose your license if you are suffering from a medical condition which can make driving a car unsafe. Your New York lawyer will help you determine the state of your license and determine the best to proceed. He or she will explain to you that in most cases, if your license has been suspended, then you have the right to an interview at the DMV. Representation A representation letter is a crucial piece of paper that lawyers send to the person they will be suing. This puts the other party in the loop that they now have a representative who will speak on their behalf and also permits the attorney to ask for documents and other information from that party. Many motor vehicle accident cases are built on the tort principle of negligence. Negligence is defined as a failure to exercise the level of care expected of a person who is reasonably prudent in the same circumstances. Accidents involving cars often involve multiple factors which may cause or contribute to the incident. For instance, a driver's negligence could include driving while impaired by alcohol or drugs, speeding or disregarding traffic signals. Other reasons include distracted driving like using a cell phone or trying to apply makeup while driving. In certain cases two people who are injured in an accident in a car want the same lawyer to represent them. It is, however, morally wrong for a single lawyer to represent both the driver and passengers in a personal injury claim. This is due to each client having an interest conflict. This can be overcome by creating a separate agreement between each client. In addition, passengers can employ their own lawyers to file a suit against the driver.