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Motor Vehicle Powers of Attorney Frequently it is the case that multiple parties share responsibility for an accident. In these instances the jury could distribute the amount of damages awarded to the injured party by determining their percentage of negligence. Although DMV hearings are not a part of criminal courts, a seasoned NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings. Power of Attorney A power of attorney is a legal document that allows an individual to authorize another to perform acts in his or her name. The document can grant a wide or limited power and must be drafted according to State law. The document must be signed by the signer or notarized in front of 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 example. You can draft the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or visit a free legal website such as eForms.com or NYLawHelp. You could also ask someone to help you prepare it. Third parties might not accept Powers Of Attorney. This could be due to a variety of reasons. In some cases the refusal can cause harm to the Principal, and the third party could be held liable for those damages. To prevent this from happening, the Power of Attorney should include words that state that the agent will not claim title to any property or real estate owned by the principal, unless specifically stipulated in the document. The document should also stipulate that the agent is required to provide a third party with the details of any transactions or other matters that they handle 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 refusal to take breathalyzer tests). Hearings can be held in person or via the telephone, and usually held before an DMV driver safety hearing officer. At the hearing, DMV will first present all evidence it has against you including any testimony of witnesses it has subpoenaed. Then it's your turn to present affirmative evidence (documents or witnesses, or your own testimony) and attack the DMV's argument in closing arguments and ask questions to the hearing officer. The outcome of a DMV hearing depends largely on the facts of your case, however you are more likely to win when you have an attorney. motor vehicle accident attorney chattanooga can help you determine if any mistakes were made by the officers during your arrest. For example they might not have informed you that you would lose your license if did not take a breath test. While you aren't legally required to have an attorney present at a DMV hearing under the law having a NYC DMV lawyer will make the process much easier. An attorney will be knowledgeable in the laws that govern these kinds of cases and will help you present your case as effectively as you can. They can also assist you to avoid being unfairly penalized by the DMV. Suspension of License If you are found guilty of a specific violations of the law, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or the revocation of your license will generally remain in effect until you have completed all the necessary steps to get it back. Depending on the state where you live, there are many different reasons that your driver's permit can be suspended. For instance states that have a point system, accumulation of too many points may result in a license suspension. Additionally an judge could also require your license to be suspended in the event of a traffic violation. In most instances, the court will allow you to drive under an restricted driving permit during the suspension or the revocation. In certain states, your license may be suspended in certain cases, such as DUIs and vehicular manslaughter. Your license could also be revoked if you are unable to pay back child support, or any other civil debts. Your license may also be revoked if you suffer from a medical condition which renders you unfit to operate the vehicle. Your New York lawyer can help you determine the condition of your license and the best way to proceed. They will explain to you that in the majority of cases, if your license has been suspended, you have the right to an appointment with the DMV. Representation A representation letter is a crucial piece of paper that a lawyer delivers to the person they will be suing. This puts the other party in the loop that they now have a representative who will speak on their behalf and also allows the attorney to ask for documents and information from the party. A large number of motor vehicle accidents are in the tort doctrine of negligence. Negligence is defined as the inability to exercise the level of care a prudent person would use in the same situation. Automobile accidents are often caused or influenced by a variety of causes. A driver's negligence could include driving while under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic warnings. Other factors include distracted driving like using a cell phone or trying to put on makeup while driving. In some cases, two people injured in an accident in a car want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as the other person in a personal injury claim. This is due to each client having an interest conflict. This is avoided by drafting separate agreements for each client. Alternately, each client can hire his or her own lawyer to start a lawsuit against the driver that caused the issue.