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Motor Vehicle Powers of Attorney A number of parties are often at fault for an accident In such situations a jury may apportion damages to the victim in proportion to their share of negligence Even though DMV hearings are not a part of criminal court an experienced NYC traffic lawyer can make a major difference in the outcome Gannes Musico LLP has extensive experience in representing clients in these proceedings Power of Attorney 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 can grant a wide or limited set of powers and must be drafted in accordance with State law The document must be signed 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 autorelated duties and may include the power to sell a car for example You can prepare a Power of Attorney yourself if you contact your local Department of Motor Vehicles or you can use a legal website such as eFormscom or NYLawHelp You can also ask a friend to do it Third parties could refuse to comply with Powers Of Attorney This can be for a variety of reasons In some cases the refusal can cause harm to the Principal and the third party could be held responsible for the damages To avoid this it is important to ensure that the Power of Attorney include language indicating that the agent cannot take title to any real estate or other property that is owned by the principal unless otherwise specifically stated in the document motor vehicle accident attorney portsmouth should also mention that the agent must report to a third party the details of any transactions or other matters that they perform on behalf of their principal DMV Hearings If DMV or other agency makes a decision that is discretionary against your right to drive such as a license suspension for refusing to take breath tests you can request a hearing to challenge the decision These hearings can be conducted in person or over the phone and are typically held in front of a driver safety hearing officer from DMV The hearing is conducted by DMV starts by presenting all evidence it has against you including any testimony of witnesses it has subpoenaed Then you can present affirmative evidence such as documents witnesses or even your testimony You can also make closing arguments to attack DMV and ask questions to the judge You are more likely to win an DMV hearing if hiring a lawyer An attorney can assist you to determine if the police officers who were involved in your case committed mistakes during your arrest such as not letting you know that your drivers license could be suspended if you refused to take a breath test While youre not legally required to have an attorney at the time of a DMV hearing by law however hiring a NYC DMV lawyer can make the process more efficient An attorney is knowledgeable about the laws that apply to these types of cases and can help you make your case convincingly Additionally they will help to prevent you from being unfairly penalized by the DMV Suspension of License The Department of Motor Vehicles can suspend your license and driving privileges if youre found to be guilty of certain traffic offenses or violations The suspension or suspension of your license is typically remain in effect until youve completed the necessary steps to obtain it back Your drivers license could be suspended for many reasons based upon where you reside States that use points for instance the accumulation of too many points can cause the suspension In addition a judge can also require your license to be suspended if you are convicted of a traffic crime In most instances the court will allow you to drive using a restricted driving permit during the period of suspension or suspension or revocation In certain states your license can be revoked if been convicted of specific crimes such as DUIs or vehicular murder The license can also be revoked if you do not pay back child support or other civil debts It is also possible to lose your license if you are suffering from a medical condition that renders driving a car dangerous Your New York lawyer can help you determine the condition of your license and the best way to proceed He or she will explain that in many circumstances you are entitled to an hearing before the DMV if your license is being suspended Representation A representation letter is an important document that attorneys send to the person they intend to sue This puts the other party in the loop that they have a representative that will speak on their behalf and also allows the attorney to ask for documents and other information from that party A large number of motor vehicle accidents are based on the tort concept of negligence Negligence is defined as a lack of using the level of care that a prudent person would have employed under similar circumstances Car accidents typically involve a variety of factors which may cause or contribute to the incident For example a drivers negligence may include driving impaired by alcohol or drugs speeding or disregarding traffic signals Driving distracted like using your mobile phone while driving or applying makeup is another reason In some cases there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them However it is ethically improper for one attorney to represent both a driver and passengers in a personal injury claim This is because each client has conflicts of interest This can be overcome by establishing a separate contract between each client Alternatively passengers can hire their own lawyers to file a lawsuit against the driver