7 Helpful Tricks To Making The The Most Of Your Motor Vehicle Lawyer
Motor Vehicle Powers of Attorney
Many parties are usually responsible for an accident. In such situations the jury could distribute the amount of damages awarded to the injured party according to their percentage of negligence.
Even though DMV hearings aren't criminal court-related, an experienced NYC traffic lawyer can make a substantial impact on the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients at these hearings.
Power of Attorney
A power of attorney is a document that permits the person to authorize someone else to perform actions in his or her name. The document may confer broad or limited powers and must be prepared in accordance to state law. The document must be signed by the signer or notarized by a notary public or a witness. A motor vehicle power-of-attorney grants the agent the authority to perform duties relating to the vehicle that may include selling a car. You can make a Power of Attorney on your own by contacting your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. Or, you could request someone else to complete it for you.
Third parties sometimes refuse to respect Powers of Attorney. This can be for many reasons. In some cases it can cause harm to the principal. The third party may be held accountable for these damages.
To avoid motor vehicle accident lawyer lawrence 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 state that the agent must report to an outside party a summary of all transactions as well as any other issues in which they are acting on behalf of the principal.
DMV Hearings
If DMV decides to take a discretionary action against your right to drive (such as a license suspension for refusing to take the breath test), you are entitled to an appeal hearing to contest the decision. These hearings are conducted either in person or via telephone, and are usually conducted by a driver safety hearing officer from DMV. The hearing is conducted by DMV will first present all of its evidence against you including any testimony of witnesses it has subpoenaed. You then have the option of presenting affirmative evidence, such as documents, witnesses or even your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing officer.
Winning the DMV hearing is dependent on the specifics of your case, but you are more likely to win if you hire an attorney. A lawyer can help you to determine if the officers involved in your case committed any errors during your arrest, for instance, not clearly informing you that your license would be suspended if you refuse to take an breath test.
Although you aren't legally required to use an attorney present at the time of a DMV hearing under the law having a NYC DMV lawyer can make the process more efficient. An attorney is well-versed regarding the laws governing these kinds of cases, and can help you to present your case as effectively as you can. In addition, they can help to prevent you from being unfairly penalized by the DMV.
License Suspension
The Department of Motor Vehicles can suspend your license and driving privileges if you're accused of certain traffic offenses or violations. The suspension or the revocation of your license will usually remain in place until you have completed all the steps required to get it back.
Depending on the state where you reside, there are many different reasons why your driver's license may be suspended. In states that use points, for instance, accumulating too many can cause being suspended. A judge can also suspend your license if there is an offense in traffic. In the majority of instances, the court will allow you to drive on a restricted driving license during the suspension or revocation.
In certain states, your driver's license can be revoked if you have been convicted of specific crimes, such as DUIs or vehicular manslaughter. Your license may be suspended if you fail to pay back child support, or any other civil debts. Your license can be revoked in the event that you suffer from a medical issue that makes it unsafe to operate an automobile.
Your New York lawyer will help you determine the status of your license and the best to proceed. He or she will explain that in many circumstances, you are entitled to an interview with the DMV when your license is being suspended.
Representation
A representation letter is a crucial piece of paper that lawyers send to the party they will be suing. This puts the other party in the loop that they have a representative that will speak on their behalf and also allows the attorney to ask for information and documents from that party.
A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence is defined as the failure to use the degree of care that a reasonably prudent person would have employed in the same situation. Automobile accidents usually involve multiple factors that could cause or contribute to the incident. A driver's fault could be driving under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic warnings. Driving distracted, like using your cellular phone while driving, or applying makeup is a different factor.
In certain cases two people who are injured in an accident with a vehicle need the same lawyer to represent them. It is not ethical for an attorney to represent both a driver and an injured person in a personal injury claim. This is due to each client having conflicts of interest. This can be avoided by creating separate agreements between the clients. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.