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Steven W. Hernandez

Steven Hernandez’s Answers

112 total


  • How can I get an ignition interlock removed?

    My daughter was convicted of driving under the influence. After 9 months, she was able to get her license back as long as she installed an interlock device on her car. "Her car" is in my name. I agreed to have one installed and to pay for it tempo...

    Steven’s Answer

    Sound like you have a spoiled child. It's unfortunate. Maybe you should just take the keys away. Take them with you to work.

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  • My drivers licence is suspected in new jersey during to a third DWI. Its been suspended since 2408also, can I petition courts

    I am a single mother of 4children fromage 13 down to age 3, with a sickly mothere who's in her 70s which drives me back n forth to work. Some of my shifts start at 5; 30am.

    Steven’s Answer

    I am assuming you meant 2008. There is no way to petition the courts to get your license back. Further your time to file a post conviction relief application expired 5 years after the date of your conviction. So, if you were in fact convicted in 2008, your PCR ability expired in 2013.

    This is why it is important to hire an experienced defense lawyer who specializes in DWI defense and not just any lawyer.

    Be advised, since 2008 the laws for driving while suspended have changed. If you get caught driving even once, you will be charged with a criminal violation of driving while suspended and be sentenced to no less than 6 month or no more more than 18 months in State Prison and have a criminal record. You will not be able to serve this time on weekends, get probation, or get early release for good behavior.

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  • Can an experienced "DWI" attorney represent me on short notice TOMORROW for a 3rd offense DWI matter?

    It is my third offense, and I am trying to avoid the mandatory penalty of 10 year license suspension & *ESPECIALLY* the mandatory jail time. I do have a drug problem and have been attempting to get checked-in to an inpatient rehabilitation center ...

    Steven’s Answer

    You can use the find lawyer or click on the profile of a lawyer and contact one. Be prepared top discuss your case with specific detail. If you get one retained they may be able to postpone tomorrow's date and adequately prepare.

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  • Can I go to jail on my second dwi e felony conviction?

    I was arrested on September 21st of last year and it's my second dwi case I'm going to courts this Thursday March 19 I have a legal aid lawyer but he's not helping me much And I want to know if should plead guilty or not guilty.

    Steven’s Answer

    • Selected as best answer

    There are no e felonies in NJ. DWI is not a felony in NJ. You need to direct this question to a NY lawyer. Also, when asking for advice, it is very important to give us facts. Also remember, as with anything including a lawyer, you get what you pay for. Even a paid lawyer, can be a dump truck lawyer, who takes cases in bulk and then pleads them out. If you want a good lawyer, prepare to pay a good lawyers fee.

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  • DWI almost a year ago, still no court date. Lawyer hasn't even received the discovery. Does this sound right?

    I got charged with a DWI last April, & was given a court date. I hired an attorney who postponed the court appearance and requested the discovery. Its almost a year later and still no discovery and still no court date. My lawyer says to stay quiet...

    Steven’s Answer

    The fact that there is no discovery within a year can only help you. The longer the delay (as long as it is not caused by you or your lawyer) the better. You have a Constitutional right to a speedy trial. A long delay could result in a dismissal if the court find your speedy trial right was denied. However, the best secure your speedy trial right, your lawyer should send notice.

    Delay, caused by the State is a good lawyer's best friend.

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  • In nj does police not have to tell you the results of breathalyzer test?

    Got pulled over had 4 beers from 430 until 9:30 I passed all roadside checks but was brought in for breathalizer. I got a DWI but they refused to give me the results.

    Steven’s Answer

    The police are supposed to provide you with a copy of your Alcohol Influence Report with your BAC reading on to. I know of no court that will dismiss a DWI based on failure to follow this procedure. However, a clever DWI lawyer might be able to use this as a defense. You should call a lawyer who specializes in DWI defense to discuss this further.

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  • In nj I was arrested for driving suspended on a dui suspension 4th degree felony... the original suspension was suppose to expir

    In nj I was arrested for driving suspended on a dui suspension 4th degree felony... the original suspension was suppose to expire in june... I was pulled over in August but I didn't pay my restoration fee, am I guilty? Or is it now a administrativ...

    Steven’s Answer

    This is NOT an administrative suspension. Under current case law, you are considered suspended for DWI until such time as you pay your restoration fee, doesn't matter whether it is days, weeks, or months after the suspension is over. The restoration fee is minimal, so there was really not paying it. Your issue, getting charged essentially for not paying the fee, is being challenged right now at the Appellate Division. If defense counsel wins, then the court would take this type of violation and put it outside of the statute.

    You should know that the penalty here is a MINIMUM of 6 mod in jail and as much as 18 mos. in State prison. There is no probation or parole or credits for good behavior. If convicted you must serve at least 6 months. This is a tough penalty to pay for not paying a fee.

    You really need a lawyer.

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  • Reduction of a DWI/DUI to a minor traffic violation

    I am in the process of being convicted of a DWI/DUI and Reckless Driving. My question is it possible to get a DWI reduced to a minor traffic violation? It would be a 1st offense for me, and I have no other traffic related offenses on my record. ...

    Steven’s Answer

    First, there is no plea bargaining a DWI, so the answer to your question, in its most basic form, is NO, you cannot have it reduced. However, if you hire the RIGHT lawyer, one who specializes in DWI defense, or even limits their practice to DWI defense, that lawyer may be able to find a defense to beat the DWI. If the lawyer could establish a legitimate defense to DWI, that would leave only the reckless. DWI is considered the most serious MV violation of them all.

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  • I received a DWI/DUI in NJ and want to know how to answer a question on a job application

    I know a DWI/DUI is not a criminal offense in NJ, but I was faced with a question that is stated: "Have you been convicted of any felony, crime, misdemeanor, disorderly persons offense or other offense (other than a motor vehicle violation) in New...

    Steven’s Answer

    First your question is very vague and needs more fleshing out. Based on your question, I am assuming that you have previously pleaded guilty to DWI in NJ and are now facing a charge of something. Second, you should direct this question to your lawyer, if you have one. Third, you cannot attempt to perpetrate a fraud on the court. Therefore, you need to know whether the court is including in their "other offense" criteria, the inclusion of traffic matters.

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  • How long will it take for my probation officer to notify me of my saliva drug test results.

    Days weeks I don't know. how long does it typically take for the PO to get the results back from the lab. I may need to hire a lawyer. A straight forward answer would be greatly appreciated. Thank you

    Steven’s Answer

    The straight forward answer is who knows? Labs are very busy. However, I'd venture within 60 days. However, if you have CDS in your saliva and they test it in the future, the CDS will still be present in that sample.

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