Steven W. Hernandez’s Answers

Steven W. Hernandez

Toms River DUI / DWI Attorney.

Contributor Level 9
  1. I am a NJ resident that was convicted of DUI in '01. I was arrested recently in PA for DUI. Will the 1st one still matter?

    Answered about 3 years ago.

    1. Steven W. Hernandez
    2. Mark M Cheser
    3. William Karl Kirk
    4. Kelly W. Case
    4 lawyer answers

    Regardless of what PA does, NJ will suspend your license for two years, unless the prior DWI was over ten years ago, in which case the MVC will suspend you for 7 months. You will also be subject to the MVC surcharge of $1,000 per year for three years.

    2 lawyers agreed with this answer

  2. PA ARD-DUI plea then NJ DUI a year after Criminal charges dismissed and expunged; PA DMV Abstract says ARD-DUI

    Answered 29 days ago.

    1. Greggory M Marootian
    2. Douglas Wayne Jones Jr
    3. Christopher J Basner
    4. Lidia L. Alperovich
    5. Mark M Cheser
    6. ···
    7 lawyer answers

    Under NJ law, in order for your prior to be counted, you must have a prior conviction in this State or another. Since ARD is a diversionary program, it should only be counted IF you had to plead guilty prior to being admitted into ARD. Most likely you did not. Thus you should be treated as a first offender here in NJ. At this stage though you should look in to hiring a lawyer who wants to fight this NJ case for you, not plead you. Any lawyer can "handle" a DWI, but is that what you want? Or...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. I was charged with DUI in April 2010. All paid and clean. What next? I plan to move to CA. Will CA do anything to me?

    Answered about 1 year ago.

    1. Steven W. Hernandez
    2. Mark M Cheser
    3. James Alexander Abate
    4. Richard P Lomurro
    4 lawyer answers

    When you say that all is paid and clean, I am assuming that you mean you have paid all fines and have served your term of suspension, have paid your MVC surcharges, and done your IDRC. If you have done these things AND have restored your drivers license, then you should have no difficulty getting a California license when you get there. However, if you are still suspended, then you will have difficulty getting a license. Of course when you get to California, you will have to take a written...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Will a DUI affect my job offer?

    Answered 11 months ago.

    1. Allan E Richardson
    2. Yolanda Navarrete
    3. Mark M Cheser
    4. Michael J Palumbo
    5. John J. Carney
    6. ···
    6 lawyer answers

    If you have recieved an employee handbook, you should look in there for an reporting requirements. Also, if your job offer is contingent on a clean MV record, then it could affect you. However, my gut instinct says it will not affect you. You should ask your lawyer. If he or she cannot answer this question with a same or similar answer, then maybe you need a new lawyer.

    1 lawyer agreed with this answer

  5. An NJ resident, received a DUI in NY after blowing a .05 (within NY limit but below the .08 NJ limit). Will NJ suspend me?

    Answered about 1 year ago.

    1. Mark M Cheser
    2. Garrett Michael Fruchtman
    3. James Alexander Abate
    4. Steven P Haddad
    5. Eric M. Mark
    6. ···
    7 lawyer answers

    The problem lies in whether your son is convicted. If convicted of DWI OR DWAI, NJ will suspend him for the out-of-state violation. He would be looking at a 90 day suspension and $1,000 in MVC surcharges, per year, for three years. Further, the DWAI will count as a first offense DWI in NJ if he gets another one. So, in order to not be penalized in NJ, he cannot be convicted of either!

    1 lawyer agreed with this answer

  6. My IDRC class is scheduled after 90-day suspension period. Will I still be able to drive?

    Answered about 1 year ago.

    1. Travis J Tormey
    2. Steven P Haddad
    3. Benjamin G Kelsen
    4. Mark M Cheser
    5. Greggory M Marootian
    6. ···
    6 lawyer answers

    IDRC has been clamping down lately. MVC will want proof that the IDRC portion has been complied with, so, I do not believe that you will get your license back until the 12 hour IDRC class has been taken care of. I would call them and see if there is an earlier class.

    1 lawyer agreed with this answer

  7. I have a dui in NJ how this will affect my license in NY ? Am i able to acquire a b license in NY ?

    Answered about 1 year ago.

    1. Mark M Cheser
    2. Eric M. Mark
    3. Andrzej Piotr Szymanski
    4. Robert F. Black Jr.
    5. Steven W. Hernandez
    5 lawyer answers

    Gee, I am the only one here who disagrees. NJ and NY are members of the interstate compact, which only means the NJ will report it NY and that NY may take action. It does not mean they will honor the full suspension. Each State has their own procedure for handling out of state convictions. In fact many states will NOT suspend you for a first offense, out of state suspension. NY offers first time offenders a work license to get to and from work, school, and other very limited use necessities....

    1 lawyer agreed with this answer

  8. In NJ , can i get my license restored any sooner then the 10yrs for my 3rd DUI yrs ago ?

    Answered about 1 year ago.

    1. James Alexander Abate
    2. Steven Todd Keppler
    3. Mark M Cheser
    4. Eric M. Mark
    5. Jeffrey Anthony Skiendziul
    6. ···
    7 lawyer answers

    The short answer is no! However, the is a procedure known as post conviction relief (PCR), in which a person may be able to reopen a prior conviction. In order to file a PCR application, a person must be within 5 years of their conviction. If outside the 5 years, you must show "excusable neglect," as a reason for not attacking it ealier. The most common type of PCR application is "ineffective assistance of counsel." A defendant claiming incompetent representation must demonstrate first that...

    1 lawyer agreed with this answer

  9. Can he get arrested?

    Answered about 1 year ago.

    1. Steven Todd Keppler
    2. Scott C. Buerkle
    3. Eric M. Mark
    4. Christopher T Campbell
    5. Mark M Cheser
    6. ···
    7 lawyer answers

    If it has been several years, then he probably has a warrant for his arrest. He should call the court and find out how much bail the warrant is for and whether there are any special terms. He should then have someone drive him to NJ, to any court, and pay the bail. They will give him a new court date on which he should return with the entire balance, plus a few hundred for contempt.

    1 lawyer agreed with this answer

  10. Can I change a my lawyer during a DWI and/or Driving under Suspension trial in municipal court?

    Answered over 3 years ago.

    1. Steven W. Hernandez
    2. Thomas Carroll Blauvelt
    3. Mark M Cheser
    3 lawyer answers

    This is why it is important to have the right attorney from the beginning! Most attorney's would not get involved in the middle of a trial. Most attorney's will not take a case from another attorney in thier area. If you really want a new lawyer, you would have to tell the Judge you wish to fire your attorney and wish to hire another. The Judge would then have the discretion. You would have to explain that your intention is not to cause delay, but that you are truely unhappy with the...

    1 lawyer agreed with this answer

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