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Steven W. Hernandez

Steven Hernandez’s Answers

100 total


  • 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.

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  • 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.

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  • 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.

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  • 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!

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  • 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.

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  • 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.

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  • 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.

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  • Dui thrown out in court likelihood?

    for a dui/dwi how likely is it that your cause will be dismissed entirely if the breath test and field sobriety tests are both thrown out in court for being procedurally improper?

    Steven’s Answer

    Wow that is a loaded question. So, I will say it depends. I have seen field sobriety tests improperly administered/ or even seen a person pass them, yet still be convicted because other observations of impairment were enough. However, it's a good place to start. You really should have a lawyer who is familiar with the NHTSA indicators of impairments and how they an be limited, neutralized, or eliminated. I recently had a DW dismissed in Fort Lee because the breath test was thrown out and I was able to establish that defendant was not impaired...even with BAD field sobriety tests. So it can be done. Good luck!

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  • DWI in my driveway

    I was home sitting in my car in my driveway n 2 cops pulled up and said they got reports that I hit multiple cars. .. By the look at my car it was clear that it was BS as my car was not damaged yet they charged me with DWI. I was home already in m...

    Steven’s Answer

    In order to find you guilty of DWI, one of the elements the prosecutor must prove beyond a reasonable doubt, is that you OPERATED your motor vehicle. To prove operation they must prove: You had control of the car, intent to put the car into motion, further actions to put the car into motion, and the car was operable. In my opinion, the strength of your case lies with intent to put the car in motion. Now some courts have found that putting the key in the ignition is operation, but in reality each case is fact sensitive. The fact that you were at home is good. The fact that you could have consumed alcohol at home is better. If you told the police that you did drink while at home you are in a great position. However, if you denied drinking, especially at hime, your case possibly weakens.

    Not all layers are the same. I hope you did some research on your lawyer before you hired him. If you have not done so already, you should ask him or her how many cases they have tried. Very few NJ lawyers actually have the guts to fight. Ask them how much of their practice is DWI. If the answer is few or no trial and/or a low # of trials, then you may want to find someone else.

    Good Luck.

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

    Revoked license; caught third time. Has children.

    Steven’s Answer

    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?

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