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Steven W. Hernandez

Steven Hernandez’s Answers

113 total


  • Can a person who just got his very 1st DUI/DWI in state a but actually lives in staye B. 'Quickly' b4 said court date flee back

    Can a person who just got his very 1st DUI/DWI in state A. but actually lives in staye B. 'Quickly' b4 said court date flee back to state B w/out any legal issues and loss of license etc....? Ty so much!!!!

    Steven’s Answer

    First, you are asking lawyers to give you positive advice on becoming a fugitive (for lack of a better word), you gotta be kidding me. Second, the answer to your question is a resounding NO. If you fail to show up, you will get a warrant for your arrest and a suspension from the court. Eventually you will want to renew in your own State your license and/or your registration. You will then have to notify you State of your suspension in NJ. If you don't and you renew, then you will have committed a crime (most likely) in your State and face penalties when your State does eventually find out.

    Instead of trying to game the system, why not man up and hire a good lawyer.

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  • 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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