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Steven W. Hernandez

Steven Hernandez’s Answers

112 total

  • Dwi 10 years ago

    I was charged with dwi 10 years ago and I never took care of it. Now I have a court date but I live in Arizona. I am also disabled. Can I hire an attorney to go on my behalf or so I have to appear in person?

    Steven’s Answer

    The answer is probably not. The only way to know is to hire a lawyer and have them make a request. I know of only a hand full who will allow it.

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  • Why doesn't NJ have a Conditional Driver License for work or school in DWI cases like most other States? It is not right.

    I would like to know the reason N.J. does not have a Conditional License when so may other States do? My son-in-law lost his job due to a one time mistake in bad judgement. He ( our family) wrote to legislators who agree with us but 2 yrs later ...

    Steven’s Answer

    Because the Governor vetoed the bill that would have. You must understand that it is very hard for a politician to say they are strong in crime and then vote to give convicted drunk drivers their licenses back.

    It may not be fair, but it's the reality.

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  • Can i take care of a dui in new jersey without me having to appear in court

    Got a dui in new jersey. Now reside in florida. No way can i come to new jersey. But want to take care of this. If it is possible around how much will it cost

    Steven’s Answer

    Very few courts will allow you to resolve it without coming to court. Further, you face serious consequences in both New Jersey and Florida if you are found guilty or plead guilty.

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  • 1st Offense DUI Breathalyzer = .12

    Need an attorney. Ticket was given in Ocean Township. 1st Offense. Just happened 11/9. Arrested, Car Pounded, Test an hour later. Released same day. Court date on ticket is 11/17. Limited on money, at risk of losing everything. My job depends on m...

    Steven’s Answer

    First of all Ocean or Monmouth County? Second, your job depends on you beating it, but you have limited funds...not a good combo. The better attorneys tend to have qualifications that others do not. Look for a lawyer who is Certified in both the Alcotest and Field Sobriety Test. Finally, stop thinking with your wallet as you often get what you pay for.

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  • So I had my license suspended for 7 months for my DUI and it is finally over.

    So I had my license suspended for 7 months for my DUI and it is finally over. I still yet to restore my license. In case of a pending emergency, I may have to drive. Am I still on the revoked list under suspension for DUI, or am I just under a reg...

    Steven’s Answer

    You are not allowed to drive until you are restored and yes, you are still considered suspended for DUI. I find it really bizarre that you would be asking such a question. It shows that you have an intent to drive knowing that you are suspended, regardless of what its for. Get yourself to the MVC and get yourself restored. If you have to have the interlock, get it in. If you are out of State and don't have to have the interlock, try doing it on line.

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  • If convicted of DUI and sent to 12 hours IRDC in Morristown, anyone know what days the class is?

    Anyone know if it's offered on the weekends vs during the work week? And if it's always only on the same days during the work week does anyone know what days? Thanks in advance.

    Steven’s Answer

    It's usually on the weekends. If your lawyer cannot answer this, you might want to get a new one.

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  • Can the NJ DUI surcharge for DUI ($1000/year for 3 years) be paid monthly?

    I always hear it's $83/month but can everyone get this payment plan or does one have to be below the poverty level or some other earnings threshold and if so what is the criteria? Thanks in advance.

    Steven’s Answer

    The monthly payment does not depend on your income. You can make monthly payments....but don't miss any or your license will get suspended. Best way to avoid a surcharge is to fight. If you don't have a lawyer, hire a DWI specialist. If you have one, I hope he is a specialist and not someone who dabbles in DWI. You may have defenses you were not aware of.

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  • Is there anyway I could keep my license if I was charged with a DUI?

    Along with the DUI charge I was given 3 other tickets including, no left turn ( but I made a right turn, and used my signal), careless driving, and refusal (which I didn't refuse anything because I participated in their field sobriety tests and to...

    Steven’s Answer

    Well, it depends a lot on what was in the cups. Beer has a lot less alcohol than liquor, so it depends on how much was in those cups as well. Even though you don't know your readings, an attorney will able to get that information by accessing the internal data downloads. As a DWI specialist, its one of the first things I would do, especially if my client did not know their reading. Contact one today.

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  • I have a NJ driving under influence 3rd offense which was downgraded to a 2nd offense because the instruction was not read to me

    downgraded to 2nd offense but with a ten year suspension.. is there any way to overturn it ?

    Steven’s Answer

    Sounds like you got what is known as Laurick relief. That would be the case if on one of your prior offenses you did not have a lawyer, were not advised of you right to a public defender, or the right to hire an attorney if you could not qualify for a PD. In Laurick, the Appellate Division held that a prior unconnected plea could not beg used against you enhancing a future DWI, when it comes to jail only. Thus you are a third for everything but jail. If this is what you got, then you got a good deal and should call your lawyer and thank him or her.

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  • I received a summons for DUI on Friday September 4th.

    I have a court date of September 17th. It was my first offense. What can I expect?

    Steven’s Answer

    Well, your first appearance is called an arraignment. At your arraignment the judge will tell you what you are charged with and what the fines and penalties are. For a first offense, the penalties depend on your Blood Alcohol Content (BAC) or whether you were impaired by drugs.

    If your BAC was 0.08, but less that 0.10, you are looking at a 3 month DLsuspension, $300 to $500 in fines, $389 in assessments, $1,000 a year (for 3 years) MV surcharge, a 12 alcohol evaluation in the IDRC, and the possibility of an ignition interlock device.

    If your BAC was 0.10 but less than 0.15,you are looking at a 7 to 12 month DL suspension, $300 to $500 in fines, $389 in assessments, $1,000 a year (for 3 years) MV surcharge, a 12 alcohol evaluation in the IDRC, and the possibility of an ignition interlock device.

    If your BAC was 0.15 or greater, then you are facing $300 to $500 in fines, $389 in assessments, $1,000 a year (for 3 years) MV surcharge, a 12 alcohol evaluation in the IDRC, and a MANDATORY of an ignition interlock device.

    For any first offense you could be sentenced to unto 30 days in jail, but is is no improbable, I would not worry.

    The best way to avoid these penalties and suspension is to find a lawyer who is properly trained in DWI defense, Lawyers are not interchangeable and some are more knowledgeable than others. DWI is a subject that requires a knowledge of forensic science, especially in blood or urine cases, but even in breath testing.

    A good DWI Lawyer will have the following:
    (1) Alcotest Certified
    (2) DWI Detection and Field Sobriety Test Certification
    (3) Drug Recognition Expert Training
    (4) Forensic Chromatography Certification (blood or urine cases)

    Also, be wary of dump truck lawyers! A dump truck lawyer is a person who charged a ridiculously low fee. This is a good sign they intend you plead you the first time they get to court. A good defense takes multiple appearances and thus time. And you know what time equals, right?

    You should speak to a lawyer who will gibe you the time you need to go over your case and not try to quickly sign you up, so they can get back to something else.

    Good luck!

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