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Steven W. Hernandez

Steven Hernandez’s Answers

98 total


  • DWI almost a year ago, still no court date. Lawyer hasn't even received the discovery. Does this sound right?

    I got charged with a DWI last April, & was given a court date. I hired an attorney who postponed the court appearance and requested the discovery. Its almost a year later and still no discovery and still no court date. My lawyer says to stay quiet...

    Steven’s Answer

    The fact that there is no discovery within a year can only help you. The longer the delay (as long as it is not caused by you or your lawyer) the better. You have a Constitutional right to a speedy trial. A long delay could result in a dismissal if the court find your speedy trial right was denied. However, the best secure your speedy trial right, your lawyer should send notice.

    Delay, caused by the State is a good lawyer's best friend.

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  • In nj does police not have to tell you the results of breathalyzer test?

    Got pulled over had 4 beers from 430 until 9:30 I passed all roadside checks but was brought in for breathalizer. I got a DWI but they refused to give me the results.

    Steven’s Answer

    The police are supposed to provide you with a copy of your Alcohol Influence Report with your BAC reading on to. I know of no court that will dismiss a DWI based on failure to follow this procedure. However, a clever DWI lawyer might be able to use this as a defense. You should call a lawyer who specializes in DWI defense to discuss this further.

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  • In nj I was arrested for driving suspended on a dui suspension 4th degree felony... the original suspension was suppose to expir

    In nj I was arrested for driving suspended on a dui suspension 4th degree felony... the original suspension was suppose to expire in june... I was pulled over in August but I didn't pay my restoration fee, am I guilty? Or is it now a administrativ...

    Steven’s Answer

    This is NOT an administrative suspension. Under current case law, you are considered suspended for DWI until such time as you pay your restoration fee, doesn't matter whether it is days, weeks, or months after the suspension is over. The restoration fee is minimal, so there was really not paying it. Your issue, getting charged essentially for not paying the fee, is being challenged right now at the Appellate Division. If defense counsel wins, then the court would take this type of violation and put it outside of the statute.

    You should know that the penalty here is a MINIMUM of 6 mod in jail and as much as 18 mos. in State prison. There is no probation or parole or credits for good behavior. If convicted you must serve at least 6 months. This is a tough penalty to pay for not paying a fee.

    You really need a lawyer.

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  • Reduction of a DWI/DUI to a minor traffic violation

    I am in the process of being convicted of a DWI/DUI and Reckless Driving. My question is it possible to get a DWI reduced to a minor traffic violation? It would be a 1st offense for me, and I have no other traffic related offenses on my record. ...

    Steven’s Answer

    First, there is no plea bargaining a DWI, so the answer to your question, in its most basic form, is NO, you cannot have it reduced. However, if you hire the RIGHT lawyer, one who specializes in DWI defense, or even limits their practice to DWI defense, that lawyer may be able to find a defense to beat the DWI. If the lawyer could establish a legitimate defense to DWI, that would leave only the reckless. DWI is considered the most serious MV violation of them all.

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

    I know a DWI/DUI is not a criminal offense in NJ, but I was faced with a question that is stated: "Have you been convicted of any felony, crime, misdemeanor, disorderly persons offense or other offense (other than a motor vehicle violation) in New...

    Steven’s Answer

    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.

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  • How long will it take for my probation officer to notify me of my saliva drug test results.

    Days weeks I don't know. how long does it typically take for the PO to get the results back from the lab. I may need to hire a lawyer. A straight forward answer would be greatly appreciated. Thank you

    Steven’s Answer

    The straight forward answer is who knows? Labs are very busy. However, I'd venture within 60 days. However, if you have CDS in your saliva and they test it in the future, the CDS will still be present in that sample.

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  • Can I get an interlock device while my license is suspended?

    On the State of NJ MVC website, , it states that for a 3rd and subsequent DUI, an ignition interlock device to be installed during license suspension and for 1-3 yrs following restoration. Does this mean a person would be able to drive during lic...

    Steven’s Answer

    No, you cannot drive until your total suspension period is over. Then you must install the IID. The purpose is to make sure that when you get your license back, you are not driving drunk.

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  • My husband get DUI in NJ.Can he get a valid driver's in other state before his NJ driver's license will be revoke?

    My husband get DUI (2.2) in New Jersey.The court was one time rescheduled.Right now he has a valid driver's license in NJ.Because of his job he has to travel a lot from central to south Jersey. Soon his driver's license will be lost.Is it any chan...

    Steven’s Answer

    Your husband may be able to get a license in another State. However, he may not drive in New Jersey with any license. If he were to do so, during his NJ suspension, he could be facing sever penalties including an additional one to two year suspension, and maybe even 6 to 18 months in prison. If your husband wants to drive with another State's license, then he should move to the other State, assuming they will give him a license.

    If you have not hired a lawyer, do so quickly. Find a lawyer who is not a jack-of-all-trades; one who specialized in DWI defense. There are many defenses that could be available, regardless of what the reading was.

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  • Can I go to meetings at AA, or IDP to help before my case? I want to prove to the judge I am utterly ashamed of my DUI.

    I was arrested Friday (24th) morning for driving under the influence of alcohol. My court date is Friday, October 31st. I know I can do something other than sitting around just waiting for this court date. I know I made a huge mistake and I need t...

    Steven’s Answer

    You can go to AA, but whatever you do don't discuss what happened or make any admissions. The next step, which is the most important step, is to hire a lawyer who specializes in DWI Defense. While you may be ashamed, you may have defenses you are not aware of.

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  • Is it worth hiring an expert in a dui case for a condition I have "Gerd"

    Alcotest was 0.13 but I have just eaten spaghetti and have alot of stomach problems

    Steven’s Answer

    • Selected as best answer

    GERD can be a legitimate defense. Basically, this occurs when there is a defective lower esophageal sphincter which allows gases and other things to return up the esophagus into the throat and mouth. Someone with a true diagnosis of GERD is always in a state of reflux and as such it could affect an Alcotest reading. One study showed that an blood test and breath test of someone with GERD differed as much as 0.15% BAC. Further, the Alcotest's slope detector may not detect the regurgitation because the detector only notices sudden changes in mouth alcohol, whereas someone with GERD is in a constant state. So, if you have a true case of GERD, you may have a defense. To further this defense, it is my opinion that you would need an expert.

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