Skip to main content
Steven W. Hernandez

Steven Hernandez’s Answers

93 total


  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • I pled guity in NJ to DWI and was sentenced to 7 months. I had a prior DWI in another state, and that other state suspended me

    for two years. Since I was suspended in NJ for only seven months, I thought I could get a license in NJ. Now DMV is telling me that I cannot get a license here until I get a letter from the OTHER state. Can DMV in NJ impose this requirement?

    Steven’s Answer

    Yes. They can. NJ is one of 45 States which is part of the interstate compact. They will treat your prior DWI as if it happened here...for suspension purposes.

    See question 
  • Cdl driver got a dwi. What chances do i got?

    I got pulled over for swerving. I am truck driver so i only slepted 3hours that day. I was falling asleep thats why i was swerving. I did had 3 beers 3 hours prior to being pulled over. I was giving the sobriety test and passed them. The officer t...

    Steven’s Answer

    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 determining you were intoxicated. Those observations may be challengeable and if he said he was going to let YOU drive to a gas station to sleep, then that statement could be used to help you. These observations will include field sobriety testing, which was never design to establish impairment, but rather that the test subject (you) have a breath alcohol content (BAC) of 0.08 or greater. In other words they were design dot establish a target BAC, rather than impairment. There are many factors which can effect field sobriety tests, including age, weather, weight, footwear, and injury/disability/illness to the inner ear, legs, feet, and back.

    In addition, a reading, not matter how high or low, can be challenged. They can be challenged. There are many issues that can appear in a breath test case, such as whether your readings are in tolerance, lockouts between blows, margins of error, calibrations issues, solution change issues, etc. There are unique issues that can be found such as what solution bottle was used to calibrate your machine. There is a lot that can be done.

    Some of the qualifications you should look for are:
    (1) Whether the lawyer is trained in field sobriety testing
    (2) Whether the lawyer is trained on the Alcotest.

    Good luck!

    See question 
  • If I get an out of state license before my license is suspended will the out if state license be suspended too?

    I got a second dui and im going to lose my license for two years. If I got a valid florida license before my court date in new jersey will my florida license also be suspended?

    Steven’s Answer

    The answer is MAYBE. 45 States are part of the interstate compact. Each State has it's own laws regarding who can drive and under what terms. For example if you are a PA licensee and get a first out if state DWI, PA will not suspend you. New York allows for temp licensed. However, you cannot drive in New Jersey with any license. Unless you are willing to move to the other State. I recommend against doing this.

    Rather than trying to skirt the law and drive. I recommend that you hire a lawyer who knows how to fight a DWI.

    See question 
  • Is there any lawyers in hunterdon county that will accept payment plans for a dui

    I received a dui, reckless driving ticket in flemington and I was not even driving. I have two children to support and my paycheck is not that good. Please help

    Steven’s Answer

    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.

    See question 
  • I'm Texas resident and traveled on business to New Jersey. What are the process or penalty?

    I'm Texas resident and traveled on business to New Jersey. On the way from restaurant to hotel, I got into a car accident and was arrested for driving under the influence of alcohol. What are the proper procedure to take and what are the penalty o...

    Steven’s Answer

    So, you've gotten great answers, now you need some additional information. Texas is a member of the Interstate Compact and will enforce it's own penalties upon a Texas licensed driver who gets a DWI in another State. Not only will you be suspended in NJ, as a firs offender Texas will suspend your privileges for 90 days to 1 year.

    The beret way to fight the suspension is to fight the DWI. Avoid any lawyer who's first instinct is to get you the minimum penalty. Rather, find a great NJ DWI lawyer who will TRY to beat the DWI. Your best place to start is to look for an attorney who specializes in DWI in NJ and is always aware of the penalties you face at home.

    See question