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Motor Vehicle Powers of Attorney Many parties are usually responsible for the accident. In these instances jurors can award damages to the victim in proportion to their percentage of negligence. Even though DMV hearings aren't connected to criminal court, an experienced NYC traffic attorney can make a significant difference in the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings. Power of Attorney A power of attorney is a document that allows an individual to authorize another to perform actions in his or her name. The document can confer broad or limited powers and must be prepared in accordance with state law. The document must be signed or notarized in front of a notary public or a witness. A motor vehicle power of attorney gives an agent the power to handle auto-related duties and may include the power to sell a car for instance. You can prepare the Power of Attorney yourself by contacting your local Department of Motor Vehicles, or use a free legal website such as eForms.com or NYLawHelp. You can also ask a friend to assist you. Third parties may not accept Powers of Attorney. This could be due to a variety of reasons. In some cases, the refusal causes harm to the Principal, and the third party can be held accountable for the damages. To prevent this from happening to avoid this, to prevent this from happening, the Power of Attorney should include specific language that says that the agent is not able to be the owner of any real estate or property owned by the principal unless explicitly stipulated in the document. The document should also specify that the agent is required to report to a third party a summary on all transactions and other issues in which they act on behalf of their principal. DMV Hearings You are entitled to appeal a decision when DMV orders discretionary action against you (such as a license suspension for refusing breathalyzer tests). Hearings are held in-person or over the phone, and are typically held before a safety driver hearing officer from DMV. The hearing is conducted by DMV goes first, presenting all evidence it has against you including any witness testimony it has subpoenaed. Then you're able to present evidence that is affirmative (documents or witnesses, or your own testimony), attack DMV's case in closing arguments, and ask questions of the hearing officer. You are more likely win a DMV hearing if you employ an attorney. An attorney can assist in determining whether any mistakes were made by the police officers during your arrest. For instance they might not have advised you that you would lose your license if refused to take a breath test. Although motor vehicle accident lawsuit oklahoma required to hire a lawyer for an DMV hearing, hiring a NYC DMV attorney can make the process much easier. A lawyer is well-versed in all the laws that apply to these kinds of cases and can help effectively present your case. They can also assist you to avoid being unfairly penalized at the DMV. Suspension of License 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. Typically the suspension or revocation will stay in effect until you've completed all required steps to get your license back. Your driver's license may be suspended for various reasons, based on the state in which you live. In states that require points, for instance the accumulation of too many points can lead to the suspension. Additionally the judge may also ordain your license to be suspended for a traffic conviction. In most cases, the court will allow you to drive with an restricted driving permit during the suspension or revocation. In certain states, your license can be revoked for certain crimes such as DUIs and vehicular manslaughter. In addition the license could be suspended if you have not paid back child support or other civil debts. It is also possible to lose your license if you are suffering with a medical condition that can make driving a car unsafe. Your New York lawyer will help you determine the condition of your license and determine the best to proceed. The lawyer will explain that in most circumstances, you are entitled to a hearing before the DMV if your license is being suspended. Representation A representation letter is a crucial piece of paper that a lawyer delivers 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 lawyer to request details and documents from that party. A lot of motor vehicle accident claims are based on negligence, a tort. Negligence is defined as inability to exercise the level of care that a reasonably prudent person would have used in the same situation. Automobile accidents usually involve multiple elements that could lead to or contribute to the incident. A driver's negligence may include driving under the influence of alcohol or drugs or speeding, or ignoring traffic warnings. Other causes include driving distracted, like using a cell phone or trying to apply makeup while driving. In some instances, two people injured in an accident in a vehicle want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as an injured person in a personal injury case. Each client is in conflict. This can be avoided by drafting separate agreements for each client. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.