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Motor Vehicle Powers of Attorney A number of parties are often at fault for the accident. In motor vehicle accident lawyer durham may award damages to the injured party according to their percentage of negligence. Although DMV hearings do not require criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has extensive experience in representing clients in these hearings. Power of Attorney The power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may confer broad or limited powers and must be prepared according to the laws of the state. The document must be signed or notarized by a notary public or a witness. 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 make an Power of Attorney on your own if you contact your local Department of Motor Vehicles, or visit a free legal website like eForms.com or NYLawHelp. Alternatively, you can hire someone else to handle the task for you. Third parties are sometimes unable to accept Powers of Attorney. This can be for different reasons. In some cases the refusal may cause harm to the Principal, and the third party can be held responsible for the damages. To prevent this from happening it is essential to ensure that the Power of Attorney include language which states that the agent will not claim 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 must report to an outside party a summary of all transactions and other issues in which they are acting on behalf of the principal. DMV Hearings If DMV decides to take a discretionary action against your right to drive (such as license suspension due to refusing to take the breath test) you can request be heard to challenge the decision. These hearings can be conducted in person or over the telephone, and are usually held before a DMV driver safety hearing officer. At the hearing, DMV will first present all evidence it has against you and any witness testimony it has subpoenaed. You are then able to present your own evidence, such as documents, witnesses or your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the hearing officer. In the end, winning the DMV hearing is largely contingent on the circumstances of your case, but you are more likely to win if you hire an attorney. A lawyer can help determine the extent of any errors made by the police officers during your arrest. For instance they may not have warned you that you would lose your license if you did not take a breath test. Although you are not legally required to use an attorney present at the time of a DMV hearing under the law hiring a NYC DMV lawyer can make the process easier. An attorney is knowledgeable about all the laws applicable to these types of cases and can assist you to effectively present your case. Additionally, they can assist in preventing you from being unfairly penalized by the DMV. License Suspension The Department of Motor Vehicles can suspend your driving privileges and license when you are accused of certain traffic offenses or violations. The suspension or the revocation of your license will generally remain in effect until you have completed the necessary steps to get it back. Your driver's license can be suspended for a variety of reasons, depending on where you live. States that use points, for instance excessive accumulation of points could cause a suspension. Additionally, a judge can also require your license to be suspended if you are convicted of a traffic crime. In the majority of cases, the court will allow you drive with a restricted driving permit during the suspension or the revocation. In some states, your license may be revoked if been convicted of specific crimes like DUIs or vehicular murder. In addition your license may be suspended if you have not paid back child support or other civil debts. Your license can be revoked in the event that you suffer from a medical condition that makes it unsafe to operate the vehicle. Your New York lawyer will help you to determine the status of your license and the best to proceed. The lawyer will explain that in most cases, you have the right to an interview with the DMV in the event that your license is suspended. Representation A representation letter is an important document that an attorney must send to the person they intend to sue. This puts the other party in the loop that they now have a representative who will speak on their behalf and also permits the attorney to ask for information and documents from that party. Many motor vehicle accident claims are based on negligence, which is a tort. Negligence is defined as a lack of using the level of care that a reasonably prudent person would have applied under similar circumstances. Automobile accidents often involve multiple elements that could lead to or contribute to the accident. For example, a driver's negligence may include driving while impaired by alcohol or drugs, speeding, or not paying attention to traffic signals. Other factors include distracted driving such as using a cellular phone or attempting to put on makeup while driving. There are some instances in which two people who have been injured in a car accident need the same lawyer to represent them. But, it is ethically unwise for one attorney to represent both the passenger and driver in a personal injury lawsuit. Each client has a conflict. This can be overcome by creating a separate contract between each client. Alternatively, each passenger can hire their own lawyer to file a lawsuit against the driver who was at fault.