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Motor Vehicle Powers of Attorney There are many parties that are responsible for an accident. In these instances, a jury may apportion the amount of damages awarded to the injured party in proportion to their share of negligence. Although DMV hearings are not a part of criminal court, a knowledgeable NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico, LLP has a wealth of experience representing clients in these hearings. Power of Attorney A power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document can confer broad or limited powers, and must be drafted in accordance with state law. The document must be signed or notarized by a notary public or witness. A motor vehicle power-of attorney grants the agent the authority to perform vehicle-related duties including selling a car. If you're looking to create a Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. Alternately, you can request someone else to complete the work for you. Third parties can refuse to accept Powers of Attorney. It could be because of several reasons. In some instances refusals can cause harm to the Principal. The third party may be held accountable for these damages. To prevent this from happening it is essential that the Power of Attorney include language informing the agent that he or she cannot claim title to 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 is required to report to a third party a summary on every transaction and other matter in which they act on behalf of their principal. DMV Hearings If DMV has a discretionary decision against your driving privilege (such as license suspension due to refusing to take the breath test), you are entitled to be heard to challenge the decision. Hearings can be held in person or via the telephone, and usually conducted by the DMV driver safety hearing officer. In the hearing, DMV starts by presenting all of its evidence against you, including any witness testimony it has subpoenaed. You are then able to present your own evidence, including documents, witnesses or even your testimony. You can also make closing arguments to challenge DMV and ask questions to the hearing official. You are more likely to prevail at the DMV hearing if you employ an attorney. A lawyer can assist you to determine if the police officers involved in your case made any mistakes during your arrest, such as not letting you know that your driver's license could be suspended if you did not take an breath test. While you are not legally required to have an attorney for a DMV hearing, hiring an NYC DMV attorney can make the process simpler. An attorney is knowledgeable about all the laws applicable to these types of cases and can help you effectively present your case. They can also help you avoid being unfairly penalized by the DMV. Suspension of License The Department of Motor Vehicles can suspend your license and driving privileges if you're found guilty of specific traffic violations or other legal violations. The suspension or revocation of your license will generally remain in effect until you've completed all the steps required to get it back. The state in which you live there are a variety of reasons that your driver's license may be suspended. For instance states that have a point system, accumulation of too many points could result in an automatic suspension of your license. In addition the judge may also require your license to be suspended if you are convicted of a traffic crime. In most cases the court will let you drive with a restricted driving license during your suspension or revocation. In certain states, your license can be suspended if you've been found guilty of certain crimes, such as DUIs or vehicular murder. Your license can be suspended if you fail to pay back child support or other civil debts. It is also possible to lose your license if suffer with a medical condition that can make driving a car unsafe. Your New York lawyer will help you to determine the status of your license, and how best to proceed. They will explain to you that in the majority of instances, if your license is suspended, you have the right to an interview at the DMV. motor vehicle accident attorney kansas is a crucial piece of paper that a lawyer sends to the person they will be suing. This informs the other side that they have a representative that will represent them. It also permits the lawyer to request documents and information from the other party. A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence can be defined as a inability to exercise the level of care expected from a person who is prudent in the same circumstances. Accidents involving cars are usually caused or contributed to by multiple factors. A driver's negligence may include driving while under the influence of alcohol or drugs or speeding, or ignoring traffic signs. Other factors include distracted driving such as using a mobile phone or attempting to apply makeup while driving. In certain instances when two people are injured in an accident with a vehicle need the same lawyer to represent them. However, it's ethically wrong for a single attorney to represent both a passenger and a driver in a personal injury claim. This is due to each client having a conflict of interest. This can be resolved by creating a separate contract between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.