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Motor Vehicle Powers of Attorney In most cases it is the case that multiple parties share responsibility for an accident. In these instances, a jury may apportion the award of damages to the victim in proportion to their share of negligence. Even though motor vehicle accident attorney phoenix aren't associated with criminal court, a seasoned NYC traffic attorney can make a huge impact on the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients at these hearings. Power of Attorney A power of attorney is a document that permits the person to authorize someone else to perform acts in his or her name. The document may grant a broad or limited range of powers and must be prepared in accordance with the law of the State. It must be signed and/or notarized the presence of a witness or notary public. A motor vehicle power of attorney grants the agent the authority to take care of vehicle-related responsibilities and may include the power to sell a vehicle, for example. You can prepare the Power of Attorney yourself if you contact your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. Alternatively, you can hire someone else to handle the work for you. Third parties could refuse to comply with Powers Of Attorney. This could be due to a variety of reasons. In some cases it can cause harm to the principal. The third party may be held accountable for the damages. To prevent this from happening, it is important to ensure that the Power of Attorney include language informing the agent that he or she cannot take title to any real property or other asset owned by the principal unless otherwise stated in the document. The document should also stipulate that the agent must report to an outside party a summary of all transactions, as well as any other circumstances in which the agent acts on behalf of the principal. DMV Hearings If DMV or other agency makes a decision that is discretionary against your right to drive (such as suspension of your license for refusing to take breath tests) you have the right to be heard to challenge the decision. Hearings are held in person or by phone, and are typically held before a safety driver hearing officer from DMV. In the hearing, DMV will first present all evidence it has against you, including any witness testimony it has subpoenaed. Then it's your turn to present evidence that is affirmative (documents and witnesses, or your own testimony) and attack the DMV's argument in closing arguments and ask questions of the hearing officer. The outcome of the DMV hearing is largely contingent on the facts of your case, however you are more likely to win when you have an attorney. An attorney can assist in determining whether there were any mistakes made by the officers in your case during your arrest. For example, they may not have informed you that you would lose your license if declined a breath sample. While you are not legally required to hire an attorney present at an DMV hearing, hiring a NYC DMV attorney will make the process easier. An attorney will be knowledgeable in the laws surrounding these kinds of cases, and will assist you in present your case as efficiently as possible. They can also help you avoid being unfairly penalized by the DMV. License Suspension If you are found guilty of specific criminal or traffic offenses that are deemed to be illegal, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation is in effect until you have completed all the steps required to get your license back. Your driver's license may be suspended for a variety of reasons, depending on where you reside. In states that require points, for instance, accumulating too many can result in being suspended. A judge can also take away your license for violations of traffic law. In the majority of instances, the court will allow you to drive with a restricted driving permit during the suspension or the revocation. In certain states, your license can be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license can be suspended if you don't pay child support, or other civil debts. You can also lose your license if suffer with a medical condition that makes driving a car unsafe. Your New York lawyer will help you to determine the status of your license and the best to proceed. He or she will explain that in many instances, you are entitled to an hearing before the DMV if your license is suspended. Representation A representation letter is an important piece of paper that lawyers send to the person they will be suing. This informs the other side that they have a representative that will represent them. It also permits the lawyer to request documents and information from the other party. Many motor vehicle accident claims are result of negligence, which is a tort. Negligence is defined as the failure to apply the same level of care a prudent person would have employed in the same situation. Automobile accidents often involve multiple factors which may cause or contribute to the accident. The negligence of a driver could be driving under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic warnings. Driving distracted, for example, using your cellular phone while driving or applying makeup, is a separate factor. In certain cases, two people injured in an accident in a car want the same lawyer to represent them. But, it is ethically improper for one attorney to represent both the passenger and a driver in a personal injury lawsuit. This is due to each client having conflicts of interest. This can be avoided by drafting separate agreements for each client. Alternately, the passengers can hire their own lawyers to file a suit against the driver.