Steven W. Hernandez’s Answers

Steven W. Hernandez

Toms River DUI / DWI Attorney.

Contributor Level 10
  1. NJ DUI Bill Question

    Answered 3 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

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

    Answered over 1 year 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

  3. 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 8 months 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

  4. How many times can a superior court postpone a DUI appeal? If a certain amount of time has passed, can charges be dropped?

    Answered over 1 year ago.

    1. Greggory M Marootian
    2. Steven W. Hernandez
    3. Eric M. Mark
    4. Mark M Cheser
    5. Dean P Murray
    6. ···
    6 lawyer answers

    Since this is an appeal, there generally is no speedy appeal right. However, with the consequences of a DL suspension and fines, your attorney should be sending notices setting forth how you are being prejudiced. Unlike most States, there is no fixed period for speedy trial.

    7 lawyers agreed with this answer

  5. My husband license was suspended after his secon dwi in new jersey, bergen county. Then he got cought driving while suspended.

    Answered 3 months ago.

    1. John Thomas Doyle
    2. William J Popovich
    3. Mark M Cheser
    4. Steven W. Hernandez
    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...

    6 lawyers agreed with this answer

  6. I was issued a citation, driving while DUI. Why should I hire any lawyer, when the law says what it says. And plus I told the

    Answered 4 months ago.

    1. William J Popovich
    2. Frank Gonnello Jr.
    3. Jonathan R. Miller
    4. Steven W. Hernandez
    5. Mark M Cheser
    6. ···
    9 lawyer answers

    Well it sounds like you have made up you mind here. However, there are several reasons why you should fight a refusal and DWI. First, regardless of whether you are a first, second, or more offender, you will have to install an ignition interlock device in your car when your get your license back. If you have a commercial license, you will lose it for a year for a first offense and for life if you are a second offender. Another reason to fight is because you will be prevented from entering...

    6 lawyers agreed with this answer

  7. Didn't go to court for driving while suspended for a dwi

    Answered 4 months ago.

    1. James Alexander Abate
    2. Frank Gonnello Jr.
    3. Steven W. Hernandez
    4. Eric M. Mark
    5. Robert W Rubinstein
    6. ···
    9 lawyer answers

    The court will most likely issue a warrant for his arrest. If the court did in fact issue a warrant, it is highly unlikely that they will go to his house to arrest him. However, it is possible. The best way to avoid going to jail, is to have him call the court, fin rout what his bail is, and have him post it. Then he should go to court when the reschedule it. In the meantime, tell him to stop driving!

    6 lawyers agreed with this answer

  8. Got pulled over. . And I don't have and never had one plus I'm suspended from a dwi

    Answered 4 months ago.

    1. Steven W. Hernandez
    2. James Alexander Abate
    3. David Justin Sideman
    4. Mark M Cheser
    5. Eric M. Mark
    6. ···
    7 lawyer answers

    In addition to the 10 days in jail, you face an additional loss of license of 1 to 2 years. There is no community service. However, you may be able to get weekends/day reporting. All I can say is DON"T DRIVE! The next time you get caught (and you most certainly will), it becomes a 4th degree crime, with 6 mod to 18 mod. in jail, no probation, PTI, parole, or weekends. As for not your car....really? You can't drive any car! Yes you must have an ignition interlock device in any car you drive....

    6 lawyers agreed with this answer

  9. Is my DUI in a school zone?

    Answered over 1 year ago.

    1. Jeffrey Anthony Skiendziul
    2. Steven W. Hernandez
    3. Mark M Cheser
    4. Matthew C Simon
    5. Harry N. Konst
    5 lawyer answers

    The State has 90 days to charge you with a school zone violation. If your lawyer does not know this, then find a new lawyer. Now with regards to the delay. Delay can be a good thing. Many good lawyers have cases which are 4 to 8 months old. My oldest case is almost 600 days old, but that is because we had some appeals to the Appellate Division in that case. Feel free to call me at 732-286-2700 to discuss your case in detail.

    6 lawyers agreed with this answer

  10. A friend of mine got pulled over 3 times with a revoked license. What is the most likely fine/penalties they will be facing?

    Answered 3 months ago.

    1. Douglas Wayne Jones Jr
    2. John Thomas Doyle
    3. Steven W. Hernandez
    4. Howard Woodley Bailey
    5. Scott C. Buerkle
    6. ···
    9 lawyer answers

    I need more info. Like what was he suspended for? If DWI, how many prior DWI's. Does he have any prior driving while suspended charges?

    5 lawyers agreed with this answer