Steven W. Hernandez’s Answers

Steven W. Hernandez

Toms River DUI / DWI Attorney.

Contributor Level 10
  1. Can he get arrested?

    Answered over 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

  2. 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

  3. Do i have to be able to perform a field sobriety test if i am cuurently on disability for my right leg

    Answered almost 4 years ago.

    1. Joseph S. Scura
    2. Steven W. Hernandez
    3. Nathan Weeks
    3 lawyer answers

    According to the NHTSA manual, " original reasearch indicated that individuals over 65 years of age, back, leg, or inner ear problems had difficulty performing" these tests. Police officers should not have individuals with such problems conduct SFST's, and should be given less weight when determining whether the subject is guilty based on an observational DWI. You should hire an attorney who possess a certification in standardized field sobriety tests.

    1 lawyer agreed with this answer

  4. What Can I Expect At A Motor Vehicle Commission Suspension Pre-Hearing (NJ MVC hearing unit) When Representing Yourself?

    Answered about 4 years ago.

    1. Thomas Carroll Blauvelt
    2. Steven W. Hernandez
    3. Greggory M Marootian
    3 lawyer answers

    I suggest you prepare your argument and bring documents to support it. Even without the documents, you should prepare an argument, so you at least look prepared. As for reduction in suspension, every time I have been there, the notice of suspension pertains to suspensions that are not in effect yet. By not requesting a hearing on the prior suspensions, you effectively waived your right to do so. This does not mean you should not include this as one of your arguments. A good attorney would...

    2 people marked this answer as helpful

  5. How do I get my drivers license back?

    Answered about 4 years ago.

    1. Steven W. Hernandez
    2. Thomas Carroll Blauvelt
    2 lawyer answers

    In order to get your license back, you need to go to a NJ MVC center and restore your license. There is a fee of $100.00. Now, if you are behind in fines, there is some good news: Under N.J.S.A 2B: 12-23.1(b), a defendant may now petition the court to forgive all fines, even mandatory charges. Further, if you are behind in surcharges, you can get caught up by making a payment. Until July 30, NJ MVC is giving drivers a chance to reduce and perhaps eliminate surcharges, see www.njmvc.gov/...

    1 person marked this answer as helpful

  6. How does the idrc determine if you need to complete a 16 week program

    Answered about 4 years ago.

    1. Thomas Carroll Blauvelt
    2. Steven W. Hernandez
    2 lawyer answers

    The IDRC will determine that you need additional treatment if (1) you are a multiple offender (even if you were treated as a first under the stepd-down provision), (2) you are a first offender with a family history of alcoholism, and (3) you are a first time offender with an extremely high BAC. For example someone with a BAC of .30, obviosuly has a high toleranceand has been drinking for quite a while to build up that tolerance. They need treatment.

    1 person marked this answer as helpful

  7. My husband license was suspended after his secon dwi in new jersey, bergen county. Then he got cought driving while suspended.

    Answered 22 minutes ago.

    1. John Thomas Doyle
    2. William J Popovich
    3. Mark M Cheser
    4. Douglas Wayne Jones Jr
    5. Steven W. Hernandez
    5 lawyer answers

    Let us be honest here. Chances are extremely low he will get PTI. He has a better chance of getting an ankle bracelet...which is also unlikely. One possibility to see if he was advised of this statute when he pleaded guilty to his second DWI. Other than that he can plead guilty or force a trial and maybe the prosecutor will offer something else....also unlikely. The jury could also find him not guilty which is also slim. This is a terrible law. The best way to get it repealed is if more lawyers...

  8. I would like to know what my possible charges could be for a DWI, refusal to take a breathalyzer, and a careless driving ticket?

    Answered about 1 month ago.

    1. James Alexander Abate
    2. Mark M Cheser
    3. Eric M. Mark
    4. John Thomas Doyle
    5. Christopher T Campbell
    6. ···
    8 lawyer answers

    First and foremost, neither DWI or Refusal are criminal offenses. However, they do entail a loss of license on each. If this is a first DWI, then you are looking at a 3 mo. license suspension. There is a 7 to 12 mos. suspension for the refusal. In addition the refusal carries with it a mandatory installation of an ignition interlock device (a mini in car breathalyzer) for a period of 1 to 3 years. There are fines and mandatory assessments as well. Motor vehicles will sack you for a $1000 a year...

  9. Does State v. Reiner work in reverse if 1st DWI was school zone but disposition was Not Guilty of (a) and Guilty of (g)

    Answered 3 months ago.

    1. James P Brady
    2. Mark M Cheser
    3. Steven W. Hernandez
    3 lawyer answers

    School Zone violations are separate violations. "Under the circumstances presented here, the more favorable result for defendant would be to construe section (g) as a separate offense that requires other subsection (g) convictions for repeat status to attach. We so hold." State v. Reiner. Thus if you plead or were found guilty of (g) and now have an (a), then you are a first time offender.

  10. I am a New Jersey resident charged with dui in Mississippi on a military base. Am I going to face charges in Nj as well ?

    Answered about 1 year ago.

    1. Eric M. Mark
    2. Andrzej Piotr Szymanski
    3. Mark M Cheser
    4. Steven W. Hernandez
    5. Michael J Palumbo
    5 lawyer answers

    You will NOT face additional charges in NJ. You will however, face a suspension based on what offense this is for you (first, second, third, etc.) and motor vehicle surcharges of $1,000 a year for three years. In addition, you will not be able to renew your NJ license unless you have complied with all of Mississippi's requirements.