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Motor Vehicle Powers of Attorney In most cases it is the case that multiple parties share responsibility for an accident. In such situations the jury can distribute the damages awarded to the victim based on their percentage of negligence. Although DMV hearings do not have to be related to criminal court, a skilled NYC traffic attorney can make a significant difference in the outcome of your case. Gannes & Musico LLP has many years of experience representing clients at these hearings. Power of Attorney A power of attorney is a document that permits a person to authorize another to perform actions in his or her name. The document can grant a wide or limited scope of powers and must be drafted according 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 auto-related duties and may include the power to sell a car, for instance. You can draft the Power of Attorney on your own if you contact your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. You could also ask someone to do it. motor vehicle accident lawyer rio rancho can refuse to honor Powers of Attorney. It can be due to several reasons. In some cases it can cause harm to the Principal. The third party may be held accountable for the damages. To prevent this from happening to avoid this, it is essential to ensure that the Power of Attorney include language that states that the agent is not able to take title to any real property or other asset owned by the principal, unless otherwise specifically stated in the document. The document should also state that the agent should submit to an outside party a detailed report of all transactions as well as any other circumstances in which he or she acts on behalf of the principal. DMV Hearings If DMV decides to take a discretionary action against your driving privilege (such as suspension of your license for refusing to take an alcohol test), you can request have a hearing to challenge the decision. Hearings can be held in person or via phone, and are typically held in front of a driver safety hearing officer from DMV. In the hearing, DMV will first present all of its evidence against you, including any witness testimony it has subpoenaed. Then it's your turn to present evidence that is affirmative (documents or witnesses, or even your own testimony) and attack the DMV's argument in closing arguments, and ask questions to the hearing officer. You are more likely to prevail at a DMV hearing if you engage a lawyer. An attorney can assist in determining the extent of any errors made by the officers in your case during your arrest. For example they might not have informed you that you could lose your license if you refused a breath test. Although you aren't legally required to hire a lawyer for an DMV hearing, hiring a NYC DMV attorney will make the process simpler. An attorney is knowledgeable about the laws that apply to these kinds of cases and can help you present your case effectively. They can also assist you to avoid being unfairly penalized at the DMV. Suspension of License If you are accused of certain criminal or traffic violations, the Department of Motor Vehicles may suspend your license and driving privileges. Usually the suspension or revocation will remain in effect until you've completed all necessary steps to obtain your license reinstated. Your driver's licence can be suspended for many reasons, based upon where you reside. States that use points, for example the accumulation of too many points can result in being suspended. In addition the judge may also order your license to be suspended in the event of a traffic violation. In most cases, a court will permit you to drive with a restricted driving permit during the period of your suspension or suspension or revocation. In certain states, your license may be revoked if you have been convicted of certain crimes, such as DUIs or vehicular murder. Your license may be suspended if you don't pay child support, or any other civil debts. Your license could also be revoked if suffer from a medical issue that makes it unsafe for you to operate an automobile. Your New York lawyer can help you determine the validity of your license and the best method to take. The lawyer will explain that in many cases, you're entitled to an interview with the DMV if your license is suspended. Representation A representation letter is an important piece of paper that lawyers must send to the party they will be suing. This puts the other party in the loop that they have a representative that will represent them and allows the attorney to ask for details and documents from that party. Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence is defined as the failure to use the degree of care that a prudent person would use under similar circumstances. Automobile accidents usually involve multiple factors which may cause or contribute to the incident. For instance, driver's negligence may include driving when impaired by alcohol or drugs, speeding or not paying attention to traffic signals. Driving distracted, for example, using a cell phone while driving, or applying makeup, is another reason. In some instances when two people are injured in an accident in a vehicle want the same lawyer to represent them. It is not ethical for an attorney to represent the driver and an individual in a personal injury lawsuit. This is due to each client having an interest conflict. This can be avoided by drafting distinct agreements between each client. Alternately, the passengers can hire their own lawyers to file a suit against the driver.