Steven W. Hernandez’s Answers

Steven W. Hernandez

Toms River DUI / DWI Attorney.

Contributor Level 10
  1. 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.

  2. Can I use a public defender for a DUI case? Or should I get a DUI lawyer?

    Answered almost 3 years ago.

    1. Eric M. Mark
    2. Mark M Cheser
    3. Ronald Edward Aronds
    4. Steven W. Hernandez
    4 lawyer answers

    The short answer is yes; you can use a public defender but your nephew is wrong and you should hire a DUI lawyer. There is no such thing as a cut and dry DWI. A lawyer with training in standardized field sobriety testing will be able to review the police report and/or video for mistakes the officer made. A lawyer who is a certified operator of the Alcotest may be able to find procedural or technical deficiencies in the breath testing machine. All a public defender is going to do is plead your...

  3. Can I obtain a license to practice physical therapy in the state of New Jersey with a Driving Under the Influence conviction?

    Answered over 3 years ago.

    1. Mark M Cheser
    2. Steven W. Hernandez
    3. Rohn Conan Barrow
    4. Kelly W. Case
    4 lawyer answers

    As stated previously, a DWI in NJ is not a criminal offense or a disorderly persons (misdemeanor). It is a motor vehicle violation and should have the same impact on your license as a speeding ticket.

  4. I have 6 month jail time to complete in new jersey jail. Judge reduce to 3 month if i enter a rehab, Q1 wich one should

    Answered over 3 years ago.

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

    If this is for a DWI (third offense or greater), then you must serve the entire 180 days, of which you can have a credit for up to 90 days for each day spent in an inpatient treatment center approved by the IDRC. You will have to do the initial 90 days first and then the inpatient treatment. Further, if you do not do 90 days you will have to finish your time in the county jail. There is no work release or good time credits if you are serving a 180 sentence for DWI. You must serve day for...

  5. How many times can the court postpone my dui charge for lack of discovery on behalf of the state

    Answered almost 4 years ago.

    1. Thomas Carroll Blauvelt
    2. Steven W. Hernandez
    3. Thomas William Hartmann
    3 lawyer answers

    Why would you go to court to plead guilty without an attorney? There are so many issues that may arise or have occured that could lead to an acquital. If you plead guilty, the prosecutor is going to rely only on an alcohol influence report (AIR), tolerance worksheet. He will probably not read the police report to determine a reasonable and articulable suspicion to stop your vehicle, probable cause to arrest, or whether certain protocols were observed in taking your breath sample. If it was a...

  6. I recently had received a dwi in a National Park by a park renger. It was a simple dwi with no extenuating circumstances.

    Answered almost 4 years ago.

    1. Steven W. Hernandez
    1 lawyer answer

    Well this is a very interesting issue. State law will apply as to the violation. That is, the NJ motor vehicle rules apply. New Nersey caselaw will also apply as to DWI precedent. But, the Federal Rules of Criminal Procedure and supporting case law apply. So, when it comes to Constitutional issues, the federal rules will apply. The federal rules tend to be stricter than NJ. As for plea options: In NJ there are no plea bargains in DWI's. In federal courts, this isn't always the case. You...

  7. My Attorney said he will get the calibration records, in my DWI case. Should I sue him for recovery of my fees

    Answered almost 4 years ago.

    1. Elliot S Stomel
    2. Steven W. Hernandez
    3. Wayne E. Brucar
    3 lawyer answers

    I agree with Lenny, suing him will be an uphill battle. But, you may be successful on a petition for post conviction relief, based upon inaffective assistance of counsel. This is also an uphill fight though. In order to win you will have to establish that (1) your attorney was so deficient that he was not acting in teh capacity required under the Sixth Amendment and (2) that the result would have been different. There is another way to challenge his effectiveness, and that is a per se...

  8. I received a dwi in NY and want to know how it affects my NJ drivers license?

    Answered almost 4 years ago.

    1. Elliot S Stomel
    2. Steven W. Hernandez
    3. Thomas Carroll Blauvelt
    4. Greggory M Marootian
    4 lawyer answers

    If you are convicted of this offense, NJ will suspend your license for 10 years. This is based on the fact that your second was less than ten years ago. You may want to hire an attorney to look at your prior NJ DWI's for possible Post Conviction Relief (PCR) issues.

  9. Does an officer have to actually be in the room with you prior to submitting a breath test in new jersey?

    Answered almost 4 years ago.

    1. Elliot S Stomel
    2. Kevin H Main
    3. Steven W. Hernandez
    3 lawyer answers

    Yes! But, it can be any qualified officer. Not just the officer who adminsitered the test or arrested you. This is very important because the officers need to know that you did not regurgitate, vomit, belch, burp, eat anything, drink anything, chew gum, put something in your mouth, etc. If he takes his eyes off your, then it is not an effective 20 minute observation period. Further, many times the officer is writing while he is "observing," in my book, that contaminates the 20 minute period....

  10. Classes to take in Manhattan after DWI - pre court date

    Answered about 4 years ago.

    1. Steven W. Hernandez
    1 lawyer answer

    If your attorney is suggesting that you get enrolled in AA classed or defensive driving courses, you should ask him what classes the court will recognize. Some courses are not recognized by the courts, so they must be avoided. Again, press him for the recommendation!