Steven W. Hernandez’s Answers

Steven W. Hernandez

Toms River DUI / DWI Attorney.

Contributor Level 10
  1. Dui thrown out in court likelihood?

    Answered 2 months ago.

    1. Steven W. Hernandez
    2. Lidia L. Alperovich
    3. John Thomas Doyle
    4. Mark M Cheser
    5. Eric M. Mark
    6. ···
    11 lawyer answers

    Wow that is a loaded question. So, I will say it depends. I have seen field sobriety tests improperly administered/ or even seen a person pass them, yet still be convicted because other observations of impairment were enough. However, it's a good place to start. You really should have a lawyer who is familiar with the NHTSA indicators of impairments and how they an be limited, neutralized, or eliminated. I recently had a DW dismissed in Fort Lee because the breath test was thrown out and I was...

    13 lawyers agreed with this answer

  2. How likely is jail time for a 3rd DUI charge?

    Answered 3 months ago.

    1. Steven W. Hernandez
    2. Mark M Cheser
    3. Douglas Wayne Jones Jr
    4. Howard Woodley Bailey
    5. Dmitry Levitsky
    6. ···
    12 lawyer answers

    The answer depends on whether you pleaded guilty to an underage DWI (39:4-50.14) or full fledge DWI. If the two prions were just the underage offense, then this is a first. However, if you pleaded guilty to regular DWI, which seems unlike because of the low BAC, then it would be a third offense , and jail is mandatory along with a ten year license suspension. T The best thing you can do now is hire a lawyer who specializes in DWI. He or she will be able to help you determine how this offense...

    12 lawyers agreed with this answer

  3. Can my friend go back to court to fight 2dwi convictions. .

    Answered 3 months ago.

    1. Eric M. Mark
    2. Steven W. Hernandez
    3. Dmitry Levitsky
    4. Yolanda Navarrete
    5. Mark M Cheser
    6. ···
    6 lawyer answers

    Yes he can. First, he would need to hire a lawyer. Second, the Lawyer would have to request a copy of his transcript of his plea to see if he was advised of his rights to spam to an immigration lawyer and was advised that he could be deported for the offense. Next the lawyer would have to order the police reports to see if there is a defense. Assuming there is a defense, the attorney would have to file a petition for post conviction relief (PCR) in that court. If the Judge feels that there was...

    10 lawyers agreed with this answer

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  4. Is there any lawyers in hunterdon county that will accept payment plans for a dui

    Answered about 1 month ago.

    1. Steven W. Hernandez
    2. Eric M. Mark
    3. Christopher J Basner
    4. Scott C. Buerkle
    5. Raymond Andrew Grimes
    6. ···
    12 lawyer answers

    Unfortunately, it is against the posting rules of AVVO to solicit clients or suggest they be hired. Therefor, I recommend that you call a lawyer directly. However, you do NOT need a Hunterdon lawyer to represent you in this matter. Local does not give you a leg up. Rather, a skilled attorney who specialized in DWI could be what you need. If that skilled specialist is from out of county, then so be it. As for the fact that you were NOT driving, we would need more detail.

    10 lawyers agreed with this answer

  5. DWI in my driveway

    Answered 2 months ago.

    1. Steven W. Hernandez
    2. Mark M Cheser
    3. Jay Scott Finnecy
    4. Peter John Marek
    5. Greggory M Marootian
    6. ···
    10 lawyer answers

    In order to find you guilty of DWI, one of the elements the prosecutor must prove beyond a reasonable doubt, is that you OPERATED your motor vehicle. To prove operation they must prove: You had control of the car, intent to put the car into motion, further actions to put the car into motion, and the car was operable. In my opinion, the strength of your case lies with intent to put the car in motion. Now some courts have found that putting the key in the ignition is operation, but in reality...

    10 lawyers agreed with this answer

  6. Cdl driver got a dwi. What chances do i got?

    Answered 30 days ago.

    1. Douglas Wayne Jones Jr
    2. Steven W. Hernandez
    3. Benjamin G Kelsen
    4. Eric M. Mark
    5. John Thomas Doyle
    6. ···
    12 lawyer answers

    Well, you got yourself in a jam, but not an unbeatable jam. There are many ways to fight a DWI and it starts with hiring the right lawyer, you can't afford not to. First, our lawyer needs to look and see if there is probable cause to arrest for drunk driving. Though a low standard, probable is required in order to arrest. Without PC there is no DWI. To fight PC we will need to look at all the observations, through the officers report and hopefully a mobile video recorder, the officer made in...

    9 lawyers agreed with this answer

  7. About 10 yrs ago, I got my 4th DUI and the judge suspended my license for 20 yrs.

    Answered 2 months ago.

    1. Steven W. Hernandez
    2. Dmitry Levitsky
    3. Howard Woodley Bailey
    4. Greggory M Marootian
    5. William J Popovich
    6. ···
    10 lawyer answers

    You may have been improperly sentenced, even if you were in a school zone. Under existing car law, a school, zone violation is NOT enhanced by prior DWI's. Rather, you could only be convicted of a third school zone if the prior two were in school zones. If you were improperly sentenced, then you can always correct an illegal sentence. You need an experienced DWI lawyer to file a petition for post conviction relief.

    9 lawyers agreed with this answer

  8. Is it typical for a police officer to administer an alcotest twice?

    Answered 3 months ago.

    1. Steven W. Hernandez
    2. James Alexander Abate
    3. Dmitry Levitsky
    4. Michael David Barber Jr.
    5. Mark M Cheser
    6. ···
    7 lawyer answers

    Well it depends on what you mean by twice. A valid breath test consists of two good breaths into the machine. Therefore, if he had you blow twice it counts as one test. However, if the readings from both blows were not in tolerance of each other, you the officer will request you take a new breath test. Since we are discussing breath test results, you should know that a breath test result can be challenged, There are calibration issues, repair issues, solution issues, input issues, data...

    9 lawyers agreed with this answer

  9. DUI-Restricted License NJ

    Answered 3 months ago.

    1. Steven W. Hernandez
    2. James Alexander Abate
    3. Julia E. Simmons
    4. Mark M Cheser
    4 lawyer answers

    No it has not passed. There have been some revisions to it. Under the original bill all those convicted of DWI would be allowed to get an ignition interlock device and get their license back. However, under revision, second and third offenders will not longer get this option. First offenders who have a BAC under 0.15, may apply for the restricted license and will be granted it. Those over 0.15 will be subject to suspension and ignition interlock. The bill also eliminates school zone violation....

    9 lawyers agreed with this answer

  10. I need a lawyer in Jersey City for a DUI

    Answered over 1 year ago.

    1. Patrick X Amoresano
    2. Benjamin G Kelsen
    3. Robert F. Black Jr.
    4. James Alexander Abate
    5. Steven W. Hernandez
    6. ···
    8 lawyer answers

    Your asthma is a serious issue which may affect your ability to adequately provide the 1.5 liters of air required by the Alcotest 7110. Your Doctor's certification is a good start. But any lawyer worth their salt will want to order a copy of your certified medical records for use at trial. This is extremely important because under N.J. Evidence Rul 803b6, medical records, which are certified. are self-authenticating, and no hospital personnel are needed for court. However, in most cases, a...

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    1 person marked this answer as helpful