Steven W. Hernandez’s Answers

Steven W. Hernandez

Toms River DUI / DWI Attorney.

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

    Answered 6 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

  2. Questions regarding my dui case.

    Answered 15 days ago.

    1. James Alexander Abate
    2. Jonathan R. Miller
    3. Eric M. Mark
    4. William J Popovich
    5. Damien S Donnelly-Cole
    6. ···
    11 lawyer answers

    Your situation is not uncommon. I hear it many times a year. However, I am sorry to say that hess will not be a defense to your pending charges. Rather than focus on why it happened, you should focus on defending the charge. While it all depends on the facts, I can tell you for a fact, that DWIs can be beaten. You should reach out to a lawyer who specializes in DWI defense rather than a general practitioner. A specialist will have the requisite training to recognize the various legal,...

    2 lawyers agreed with this answer

  3. Is my lawyer doing something criminal? & Can I sue him for trying to scam me?

    Answered about 1 year ago.

    1. Eric M. Mark
    2. Mark M Cheser
    3. Steven W. Hernandez
    4. Allan E Richardson
    5. Ted Harvatin
    5 lawyer answers

    Slow down a minute. Do some research and then worry about whether you are being cheated. First, do you have a retainer agreement? I hope so. This will spell out your fee arrangement. Most State ethics rules require a written fee agreement. Next, contact the court in writing for a certified disposition This for will set forth what, if anything, you pleaded guilty to and what the fees and other penalties were. Next do not call him. Write him. Send him a certified letter return reciept requested,...

    2 lawyers agreed with this answer

  4. 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 over 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

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

    Answered 4 months 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

  6. 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 over 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

  7. Will a DUI affect my job offer?

    Answered about 1 year 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

  8. 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 over 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

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

    Answered over 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

  10. 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 over 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