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Motor Vehicle Powers of Attorney Often when multiple parties are responsible for an accident. In such cases the jury may decide to distribute the damages awarded to the victim based on their percentage of negligence. Even though DMV hearings are not a part of criminal court, a skilled NYC traffic lawyer can make a major 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 allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can grant broad or limited powers and must be drafted in accordance with the state's law. The document must be signed or notarized in front of a notary public or a witness. A motor vehicle power of attorney grants the agent the power to perform responsibilities related to vehicles that may include selling a vehicle. You can draft a Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or use a free legal site like eForms.com or NYLawHelp. You could also ask someone to help you prepare it. Third parties are sometimes unable to honor Powers of Attorney. This can be for many reasons. In certain situations refusals can cause harm to the Principal. The third party may be held accountable for damages. To prevent this from happening to avoid this, it is essential that the Power of Attorney include language which states that the agent will not claim title to any real property or other asset that is owned by the principal unless specified otherwise in the document. The document should also state that the agent is required to give a third-party an overview of all transactions and other matters in which they act on behalf of their principal. DMV Hearings If DMV orders a discretionary action against your driving privilege (such as license suspension due to refusing to take an alcohol test), you have the right to be heard to challenge the decision. These hearings are conducted either in person or via phone, and are usually held before a safety driver hearing officer from DMV. DMV provides all evidence against the person, including witnesses it has subpoenaed, during the hearing. Then it's your turn to present affirmative evidence (documents and witnesses, or your own testimony) challenge the case of DMV in closing arguments and ask questions to the hearing officer. You are more likely win a DMV hearing if you engage an attorney. An attorney can help you determine if any mistakes were made by the police officers during your arrest. For example, they may not have warned you that you could lose your license if refused to take a breath test. While you are not legally required to employ an attorney at an DMV hearing, hiring a NYC DMV attorney can make the process simpler. An attorney is knowledgeable about all the laws that apply to these kinds of cases and can assist you to present your case effectively. Additionally, they will assist you in avoiding being unfairly penalized by the DMV. License Suspension If you are found guilty of certain criminal or traffic violations that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or cancellation of your license will typically remain in effect until you've completed all the steps required to get it back. Depending on the state in which you live there are a variety of reasons your driver's licence could be suspended. For instance, in states that use a point system, accumulation of too many points can lead to the suspension of your license. A judge may also revoke your license for violations of traffic law. In most instances the court will let you to drive with a restricted driving license during the suspension or the revocation. In some states, your license could be revoked if been convicted of certain crimes, such as DUIs or vehicular manslaughter. Additionally your license could be revoked if you fail to pay back child support or other civil debts. Your license may be revoked in the event that you suffer from a medical issue that renders you unfit to operate an automobile. Your New York lawyer can help you determine the status of your license and the best way to proceed. He or she will explain that in most cases, you have the right to a hearing before the DMV when your license is being suspended. Representation A representation letter is a crucial piece of paper that a lawyer sends to the person they will be suing. motor vehicle accident lawyer arlington notifies the other party that they have a representative who will represent them. It also allows the lawyer to request documents and information from the other party. Many motor vehicle accident cases are built on the tort principle of negligence. Negligence is defined by a inability to exercise the standard of care that would be expected of a person who is prudent in the same circumstances. Accidents involving cars are usually caused or contributed to through a variety factors. For instance, a driver's carelessness could result in driving when impaired by alcohol or drugs, speeding or disregarding traffic signals. Other reasons include distracted driving such as using a cellular phone or trying to put on makeup while driving. In some instances there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. It is not ethical for an attorney to represent the driver and a passenger in a personal injuries claim. This is because each client has conflicts of interest. This can be overcome by establishing a separate contract between each client. Alternately, each client can hire his or her own lawyer to start a lawsuit against the driver that caused the issue.