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Motor Vehicle Powers of Attorney Multiple parties are often responsible for the accident. In such situations the jury could distribute the award of damages to the victim by determining their percentage of negligence. Although DMV hearings do not have to be connected to criminal court, an experienced NYC traffic attorney can make a substantial impact on the outcome of your case. Gannes & Musico, LLP has extensive experience in representing clients in these hearings. Power of Attorney The power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a broad or limited range of powers and must be prepared in accordance with the law of the State. The document must be signed or notarized by a notary or witness. A motor vehicle power of attorney grants an agent the power to handle vehicle-related responsibilities and may include the ability to sell a vehicle, for example. You can prepare an Power of Attorney on your own if you contact your local Department of Motor Vehicles, or you can use a legal site like eForms.com or NYLawHelp. Or, you could request someone else to complete it for you. Third parties may refuse to respect Powers Of Attorney. This can be for various reasons. In some cases the refusal may cause harm to the Principal and the third party may be held liable for those damages. To avoid motor vehicle accident attorneys houston , to avoid this, the Power of Attorney should include words that state that the agent is not able to claim title to any real estate or property owned by the principal without being specifically specified in the document. The document should also mention that the agent must submit to a third party the details of any transactions or other matters that they conduct on behalf of their principal. DMV Hearings You have the right to appeal a decision when DMV or other agency decides to take discretionary action against you (such as a license suspension for refusing a breathalyzer). Hearings can be held in person or over the phone, and usually held before a driver safety hearing officer from DMV. DMV presents all its evidence against the person, including witnesses it has subpoenaed, at the hearing. You can then present affirmative evidence, such as documents, witnesses or your testimony. You may also present closing arguments to attack DMV and ask questions to the hearing officer. Winning an DMV hearing is contingent upon the facts of your case, but you are more likely to prevail when you have an attorney. An attorney can help you determine the extent of any errors made by the officers in your case during your arrest. For instance, they may not have warned you that you would lose your license if did not take a breath test. While you are not legally required to hire an attorney for an DMV hearing, hiring an NYC DMV attorney will make the process easier. A lawyer will be well-versed regarding the laws governing these kinds of cases and will assist you in present your case as effectively as possible. They can also assist you to avoid being unfairly penalized by the DMV. License Suspension The Department of Motor Vehicles can suspend your license and driving privileges if you're found to be guilty of certain traffic offenses or legal violations. The suspension or the revocation of your license will usually remain in place until you have completed all the steps required to get it back. The state in which you reside, there are many different reasons that your driver's permit could be suspended. In states that rely on points, for example the accumulation of too many points can lead to a suspension. In addition an judge could also decide to have your license suspended for a traffic conviction. In most instances, a judge will allow you to drive with a restricted driving permit for the duration of suspension or revocation. In some states your license could be revoked for certain crimes such as DUIs and vehicular manslaughter. In addition your license may be suspended for failure to pay back child support or other civil debts. You could also lose your license if you suffer with a medical condition that can make driving a car unsafe. 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 the majority of cases, you have the right to an hearing before the DMV when your license is suspended. Representation A representation letter is an important piece of paper that lawyers must send to the person they will be suing. This notifies the other party that they have a representative who will speak on their behalf. It also permits the lawyer to request documents and information from the other party. Many motor vehicle accident claims are result of negligence, a tort. Negligence is defined as failure to use the degree of care a prudent person would use in similar circumstances. Accidents in the automobile are usually caused or influenced by multiple factors. The negligence of a driver could be driving while under the influence of drugs or alcohol, speeding, or disregarding traffic signs. Driving distracted, for example, using a cell phone while driving, or applying makeup, is another factor. In some cases there are instances where two victims of an accident with a vehicle need the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as the other person in a personal injury claim. Each client has a 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.