Steven W. Hernandez’s Answers

Steven W. Hernandez

Toms River DUI / DWI Attorney.

Contributor Level 11
  1. Cdl driver got a dwi. What chances do i got?

    Answered 7 months 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

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

    Answered 9 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

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

    Answered 9 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

  4. DUI-Restricted License NJ

    Answered 9 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

  5. My husband got caught driving with a suspended license after his second DWI in New Jersey. What should we do?

    Answered 9 months ago.

    1. Steven W. Hernandez
    2. John Thomas Doyle
    3. William J Popovich
    4. Mark M Cheser
    5. Christopher T Campbell
    6. ···
    10 lawyer answers

    Let us be honest here. Chances are extremely low he will get PTI. He has a better chance of getting an ankle bracelet...which is also unlikely. One possibility to see if he was advised of this statute when he pleaded guilty to his second DWI. Other than that he can plead guilty or force a trial and maybe the prosecutor will offer something else....also unlikely. The jury could also find him not guilty which is also slim. This is a terrible law. The best way to get it repealed is if more lawyers...

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

    Answered about 2 years 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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  7. NJ DUI Bill Question

    Answered 9 months ago.

    1. Steven W. Hernandez
    2. Dmitry Levitsky
    3. James Alexander Abate
    4. Mark M Cheser
    4 lawyer answers

    In June, 2013, the Senate passed a bill that would effectively eliminate all license suspensions in favor of installation of an ignition interlock device. The bill passed in the Senate 34:2 last summer. The bill failed to be heard in the assembly before the end of the last session, so it died. In January a new version of the Senate bill was drafted, limiting the bill to first offenders. All second and third offenders would still lose their license. First offenders with a BAC below 0.15 would be...

    8 lawyers agreed with this answer

  8. In NJ a DUI is only a traffic offense. Does that ever come off your license?

    Answered almost 2 years ago.

    1. Christopher T Campbell
    2. Robert W Rubinstein
    3. Eric M. Mark
    4. Vikrant Kishin Advani
    5. Mark M Cheser
    6. ···
    7 lawyer answers

    A DWI will never come off the driving record of a NJ licensed driver. I cannot tell you how other States will treat it. A DWI cannot be expunged. However, a second offense will be treated as a first if ten years passes between offenses. A third will be treated as a second if the third occurs more than ten years after he second. The answer on an application is yes to arrested. No to a crime.

    8 lawyers agreed with this answer

  9. I received a DWI/DUI in NJ and want to know how to answer a question on a job application

    Answered 4 months ago.

    1. Steven W. Hernandez
    2. James Alexander Abate
    3. Lee A Gronikowski
    4. Mark M Cheser
    5. Lawrence A. Newman
    5 lawyer answers

    First your question is very vague and needs more fleshing out. Based on your question, I am assuming that you have previously pleaded guilty to DWI in NJ and are now facing a charge of something. Second, you should direct this question to your lawyer, if you have one. Third, you cannot attempt to perpetrate a fraud on the court. Therefore, you need to know whether the court is including in their "other offense" criteria, the inclusion of traffic matters.

    7 lawyers agreed with this answer

  10. My mother lost her licences for DWI and wants to drive my car, can I get in trouble if I let him uses my car?

    Answered about 1 year ago.

    1. Anthony Gil
    2. George B. Jones
    3. Christopher J Basner
    4. James Alexander Abate
    5. Lidia L. Alperovich
    6. ···
    11 lawyer answers

    Yes! You can be charged with allowing a suspended driver to operate a motor vehicle. You can also get in trouble if she is required to drive with an ignition interlock device. Also, now that driving while suspended for a DWI is potentially a crime, a zealous prosecutor might want to charge you with accomplice liability. Tell your Mom, if she has only one DWI conviction, then the first time she gets caught she goes to jail for 10 days and loses her license for an additional one to two years. If...

    7 lawyers agreed with this answer