10 Motor Vehicle Lawyer That Are Unexpected
Motor Vehicle Powers of Attorney
A number of parties are often at fault for the accident. In these instances the jury may award damages to the victim in proportion to their percentage of negligence.
Although DMV hearings do not have to be connected to criminal court, an experienced NYC traffic attorney can make a substantial difference in the outcome of your case. Gannes & Musico, LLP has extensive experience in representing clients in these proceedings.
Power of Attorney
The 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 grant a wide or limited scope of powers and must be prepared according to State law. The document must be signed by the signer or notarized by a notary public or witness. A motor vehicle power of attorney gives the agent the authority to take care of vehicle-related responsibilities and may include the ability to sell a car, for example. You can create an Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or use a free legal website like eForms.com or NYLawHelp. You could also ask someone to do it.
Third parties could refuse to honor Powers Of Attorney. It can be due to many reasons. In some instances the refusal can cause harm to the Principal and the third party can be held accountable for the damages.
To prevent this from happening to avoid this, it is essential that the Power of Attorney include language informing the agent that he or she cannot be the owner of any real property or other asset owned by the principal, unless otherwise stated in the document. The document should also provide that the agent submits to an outsider a summary of all transactions and any other matters in which he or she acts on behalf of the principal.
DMV Hearings
If DMV or other agency makes a decision that is discretionary against your driving privilege (such as suspension of your license for refusing to take the breath test), you are entitled to be heard to challenge the decision. Hearings can be held in-person or over the phone, and usually held before a driver safety hearing officer from DMV. DMV will present all its evidence against the person, including witnesses it has subpoenaed, during the hearing. Then it's your turn to present evidence of affirmative nature (documents or witnesses, or your own testimony) and attack the DMV's argument in closing arguments and ask questions to the hearing officer.
The outcome of the DMV hearing is contingent upon the facts of your case, but you are more likely to win by hiring an attorney. A lawyer can help you to determine if the officers who were involved in your case committed any mistakes during your arrest, for instance, not clearly informing you that your license would be suspended if you refuse to take a breath test.
While you are not legally required to use a lawyer for an DMV hearing, hiring an NYC DMV attorney can make the process easier. An attorney is knowledgeable about all the laws that apply to these types of cases and can help you present your case effectively. They can also assist you to avoid being unfairly penalized at the DMV.
License Suspension
If you are found guilty of a specific criminal or traffic violations that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Usually, the suspension or revocation will remain in effect until you have completed all the steps required to get your license back.
Your driver's license can be suspended for many reasons, depending on where you live. In states that use points, for instance, accumulating too many can result in a suspension. Additionally to that, a judge may decide to have your license suspended for a traffic offense. In most instances, the court will allow you to drive under an restricted driving permit during the suspension or the revocation.
In some states, your license may be revoked if been found guilty of certain crimes like DUIs or vehicular manslaughter. In addition the license could be revoked for not paying back child support or other civil debts. Your license can be suspended if you suffer from a medical condition that renders you unfit to operate the vehicle.
motor vehicle accident attorney scottsdale will help you determine the status of your license and determine the best to proceed. He or she will explain that in most instances, you are entitled to an appearance before the DMV if your license is suspended.
Representation
A representation letter is a very important document that an attorney must send to the person they plan to sue. This informs the other side that they have a representative that will speak on their behalf. It also permits the lawyer to request information and documents from the other party.
A lot of motor vehicle accident claims are due to negligence, a tort. Negligence is defined as a failure to use the degree of care that a prudent person would have used under similar circumstances. Automobile accidents usually involve multiple factors that could cause or contribute to the accident. A driver's fault could be driving under the influence of alcohol or drugs, speeding, or disregarding traffic signs. Other factors include distracted driving such as using a mobile phone or trying to apply makeup while driving.
There are instances where two people who are injured in a car crash want the same lawyer to represent them. However, it's ethically unwise for one attorney to represent both the passenger and driver in a personal injury lawsuit. This is because each client has a conflict of interest. This is avoided by drafting separate agreements for each client. Alternatively, each passenger can hire their own lawyer to make a claim against the driver who was at fault.