Steven W. Hernandez’s Answers

Steven W. Hernandez

Toms River DUI / DWI Attorney.

Contributor Level 10
  1. 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

  2. I got my 3rd dwi my past 2 are over 10 years old and what will happen with me and i have a class a license

    Answered 4 months ago.

    1. Christopher T Campbell
    2. Eric M. Mark
    3. Steven W. Hernandez
    4. Mark M Cheser
    5. James Alexander Abate
    6. ···
    6 lawyer answers

    Well, if your second DWI was more than 10 years ago then while you are a third offender you will be treated as a second offense. Thus you will have a two year license suspension, have to perform 30 days of community service, be subject to an ignition interlock device for the period of suspension + 1 to 3 years after, pay a fine of $500 to $1,000 and be subject to 2 to 90 days in jail, of which 2 of those days can be spent in the IDRC. If you were in a commercial vehicle when it occurred and...

    5 lawyers agreed with this answer

  3. I was in a one car accident, issued dui, refused breathalyzer but no ambulance called

    Answered 4 months ago.

    1. Mark R Faro
    2. Gregory Martin Jachts
    3. Lidia L. Alperovich
    4. Douglas Wayne Jones Jr
    5. William J Popovich
    6. ···
    10 lawyer answers

    The advice I would give you given the limited facts you have provided is thus: If you suffered from a concussion it may work to your advantage. A good DWI lawyer will explore this as your defense.

    5 lawyers agreed with this answer

  4. If I get an out of state license before my license is suspended will the out if state license be suspended too?

    Answered 2 months ago.

    1. William J Popovich
    2. Howard Woodley Bailey
    3. Steven W. Hernandez
    4. Dmitry Levitsky
    5. Christopher J Basner
    6. ···
    11 lawyer answers

    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...

    4 lawyers agreed with this answer

  5. I got charged for DWI for taking Xanax.

    Answered 10 months ago.

    1. Douglas Wayne Jones Jr
    2. Mark M Cheser
    3. James Alexander Abate
    4. Eric M. Mark
    5. Christopher T Campbell
    6. ···
    11 lawyer answers

    You may have several defenses to your case. Urine can be challenged on several grounds. First, we must determine whether there was probable cause to arrest and to collect a urine sample. Next we must look at how it was collected, transported to the lab, and handled at the lab. Finally there is the analysis of the urine. Urine is analyzed through a process called Gas Chromatography/Mass Spectrometry. While it is science, it is not perfect science. GC/MS results are challengeable….if you have an...

    4 lawyers agreed with this answer

  6. Having problems getting d6 from florida for a jersey license

    Answered over 1 year ago.

    1. Steven W. Hernandez
    2. Michael J Palumbo
    3. Jasen Bodie Nielsen
    4. Ethan Patrick Meaney
    4 lawyer answers

    As a NJ licensed attorney, I say that you will need to talk to a family member who has a car and insurance and will allow you to put an IID in their car. Then get your license back. You wont be able to do so until an IID is installed! You will not need a lawyer for this. You should not take any advice from a lawyer who is not licensed in NJ.

    4 lawyers agreed with this answer

  7. Am I in trouble? its just my first month with this interlock device, What should i do?

    Answered over 1 year ago.

    1. Eric M. Mark
    2. Steven W. Hernandez
    3. Christopher T Campbell
    4. Yolanda Navarrete
    5. Mark M Cheser
    5 lawyer answers

    Lockouts can create complications. Lockouts are reported to the IDRC, and they can make you seek additional treatment/counselling. Failure to comply can lead to further suspension.

    4 lawyers agreed with this answer

  8. 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

    Answered about 2 months ago.

    1. William J Popovich
    2. Steven W. Hernandez
    3. David L Le Roy
    4. Mark M Cheser
    5. Timothy J Broking
    6. ···
    6 lawyer answers

    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.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. DUI checkpoint standards?

    Answered 6 months ago.

    1. Michael L Pescatore
    2. Christopher J Basner
    3. Eric M. Mark
    4. Mark M Cheser
    5. J. Denise Carter
    6. ···
    9 lawyer answers

    There are many requirements for a valid DWI checkpoint. Adequate warnings to avoid alarming the driving conduct, cones, etc., should be placed. In addition, there should be a public notice ahead of time (however, the lack of public notice will not get rid of a checkpoint stop on its own). As for the diagram and the reason for the checkpoint, that will be provided in discovery, if your attorney requests it. I am of the opinion that DUI checkpoints are unconstitutional. Recent cases...

    3 lawyers agreed with this answer

  10. If I was charged with an Underage DWI, do I have to get an interlock device installed? (First time offense)

    Answered 9 months ago.

    1. Maimoon N Mustafa
    2. Mark M Cheser
    3. Douglas Wayne Jones Jr
    4. James P Brady
    5. Michael L Pescatore
    6. ···
    9 lawyer answers

    If you were only charged with the underage offense and not a regular DWI, then no, you will not need to het an Ignition Interlock device. If you plead guilty or are found guilty after a trial, then you will have your license suspended, have to attend an alcohol evaluation, and will have to preform community service (15 days minimum). If your BAC (blood alcohol concentration) is above a .15, then yes you will. While NJ is a zero tolerance State, there are defenses to the underage offenses....

    3 lawyers agreed with this answer