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Motor Vehicle Powers of Attorney There are many parties that are responsible for an accident. In such situations, a jury may apportion damages to the victim by determining their percentage of negligence. While DMV hearings aren't criminal court-related, an experienced NYC traffic attorney will make a major difference in the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these hearings. Power of Attorney A power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant broad or limited powers, and must be prepared in accordance to state law. It must be signed and/or notarized in the presence of a notary or witness public. A motor vehicle power of attorney gives the agent the authority to take care of car-related obligations and could also include the power to sell a car, for example. You can prepare an Power of Attorney yourself by contacting your local Department of Motor Vehicles, or visit a free legal website like eForms.com or NYLawHelp. You could also ask someone to do it. Third parties are sometimes unable to comply with Powers of Attorney. It could be because of a number of reasons. In some cases refusals can cause harm to the Principal. The third party could be held responsible for these damages. To avoid this it is crucial to ensure 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 otherwise specifically stated in the document. The document should also stipulate that the agent must provide a third party with an overview of every transaction and other matter that they handle on behalf of their principal. DMV Hearings If DMV has a discretionary decision against your driving privilege (such as license suspension for refusing to take a breath test) You can request a hearing to challenge the decision. These hearings can take place in person or over the telephone, and usually conducted by the DMV driver safety hearing officer. DMV will present all its evidence against the person, including witnesses it has subpoenaed at the hearing. You can then present affirmative evidence, including documents, witnesses or even your testimony. You can also make closing arguments to challenge DMV and ask questions to the judge. You are more likely to win an DMV hearing if you employ an attorney. An attorney can help you determine if any mistakes were made by the police in your case during your arrest. For example they might not have informed you that you could lose your license if declined a breath sample. While you're not required to bring an attorney present at an DMV hearing having a NYC DMV lawyer can make the process easier. A lawyer is well-versed in the laws surrounding these kinds of cases, and can assist you to present your case as efficiently as you possibly can. They can also help you avoid being unfairly penalized by the DMV. License Suspension If you are found guilty of specific violations of the law or other 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 necessary steps to obtain your license reinstated. Depending on the state where you live, there are many different reasons why your driver's license could be suspended. For instance states that have points system, the accumulation of too many points can lead to an automatic suspension of your license. Additionally the judge may also require your license to be suspended if you are convicted of a traffic crime. In the majority of instances, courts will allow you to drive with a limited driving permit during the time of suspension or suspension or revocation. In certain states, your license could be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license may be revoked if don't pay child support or other civil debts. It is also possible to lose your license if you are suffering from a medical condition that can make driving a car unsafe. Your New York lawyer will help you determine the status of your license, and how best to proceed. motor vehicle accident attorney elgin will explain to you that in most instances, if your license has been suspended, then you are entitled to an interview at the DMV. Representation A representation letter is an important document that an attorney must send to the person he plans to sue. The letter informs the other party that they have a representative that will represent them. It also allows 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 can be defined as lack of using the level of care that a reasonably prudent person would have employed in similar circumstances. Automobile accidents are often caused or influenced through a variety factors. A driver's negligence could include driving while under the influence of alcohol or drugs speeding, or not paying attention to traffic signs. Distracted driving, like using a cell phone while driving, or applying makeup, is a separate reason. In some cases, two people injured in an accident in a car want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as an individual in a personal injury claim. This is due to each client having conflicts of interest. This can be avoided by drafting distinct agreements between each client. Or, each person can employ their own lawyer to file a lawsuit against the driver that caused the issue.