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Robert W Rubinstein
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Robert Rubinstein’s Answers

117 total


  • Can I bring this kid to court and get help financially

    Got into a car accident. Other person was at fault. Went to the hospital nothing broken had to get a cat scan and exray. Can't afford hospital bills

    Robert’s Answer

    Sorry about your accident. New Jersey is a "No Fault" State. What that means is that your medical bills are paid by your own automobile insurance company regardless of who is at fault in the accident. If you did not own a car and do not live with a resident relative who owns a car, things may be a little more complicated. The question of whether you can bring a claim against the at fault driver depends on what you selected on your car insurance; i.e. Limitation on Lawsuit or No Limitation. If you are okay and not undergoing any further treatment, you will not be able to pursue a claim if you have the limitation. I suggest that you meet with an attorney who practices personal injury law for a free consultation since each matter is unique. I would look for an attorney through AVVO and one that is a member of NJAJ (NJ Trial Lawyers) and certified by the NJ Supreme Court as a civil trial attorney. Good luck and feel better.

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  • Where does the police report future DWI checkpoints and can I refuse to take a soberity test?

    I started working at night, and I am afraid about DWI checkpoints. My concern is that my eyes are really red and dry all the time, people always joke if I have smoke something and on the top of it I have an issue with my back that to perform some ...

    Robert’s Answer

    If you have not had anything to drink or taken any narcotic or illicit drug, it is extremely unlikely that an officer will request that you perform field sobriety tests. In the event that the officer does request that you perform the test, you should advise him/her of your medical conditions and, if necessary indicate that you cannot perform the test. I am not aware of any requirement that a town post when and where it intends to perform a checkpoint. Bottom line do not drive while under the influence and you should not have any problems.

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  • Careless Driving.

    I was driving yesterday in a 50 MPH zone and the road was so wet and I was so close to the car in front and I rear-ended the pickup truck in front and the pickup truck rear-ended the car infront. so it was a 3 car accident. My car got totaled. I h...

    Robert’s Answer

    Depending on the court, your first appearance at court will be an arraignment where you appear before the judge and he advised you of the ticket and potential penalties and asks if you are pleading guilty or not guilty and whether you are getting an attorney. This can usually be waived by you calling the court and letting them know how you are pleading. If you retain an attorney they will do this for you.
    After you plead not guilty, you or your attorney, will have an opportunity to speak with the prosecutor about a no point ticket as opposed to the 2 point careless ticket you received. Depending on your driving record this may or may not make sense for you. The penalties in court for a careless driving ticket are 2 points and a fine between $50 and $200 plus court costs and assessments of $39.00.

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  • I need a serious injury trial lawyer in nj

    I was in a car accident

    Robert’s Answer

    • Selected as best answer

    Then I suggest you look for an experienced attorney who has been Certified by the New Jersey Supreme Court as a Civil Trial Attorney. You can also locate an attorney through Avvo. Be sure to ask any potential attorney whether they actually try cases and whether they will be the person you have contact with or some paralegal or associate attorney. Feel better and good luck.

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  • Need a personal injury lawyer, how do we weed out the 1's who care about the family's needs from 1's just looking for big payday

    My friend's son is in critical condition with brain & head injuries in addition to a host of other injuries. He was front seat passenger, the driver was going at least double the speed limit (70+ in a 35mph zone). He's in a coma right now, if he p...

    Robert’s Answer

    Sorry to hear that your friend has to suffer through this. Hopefully her son will recover. We are not allowed to contact you and you should be wary of any attorneys that solicit your friend either through this process or by direct mailing. You are wise to recognize the need for your friend to hire a competent and compassionate attorney to assist her with medical bills and aftercare. I suggest that you look for an attorney who has been Certified by the New Jersey Supreme Court as a Civil Trial Attorney.

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  • Is it common for a lawyer to charge for expensive that arent included in the settlement of an autoa ccident?

    II recently was working with a lawyer and when I first discussed payment, I was told only 1/3 of any settlement would be their payment and not a cent more. Now that the numbers are in and I’m only receiving 15k which is the maximum I was told. The...

    Robert’s Answer

    Under New Jersey law, personal injury attorneys' have very specific rules concerning contingent fee agreements for personal injury cases. The lawyer is entitled to 33 1/3 % up to the first $750,000.00. The fee is based on the net recovery after costs and expenses. Travel and appearance time are not costs and expenses. Such expenses may include, among other things, experts’ fees and expenses for other testimony or evidence, court costs, accountants’ fees, appraisers’ fees, service fees, investigators’ fees, file storage fees, deposition costs, facsimiles, and extraordinary photocopying, long distance telephone and extraordinary postage expenses.
    As to the lawsuit, when you settle with the insurance company you are concluding your matter against the person individually as well.

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  • Can I be charged with refusal to take a breathalyzer when I was never offered to take one, nor read the standard form?

    Arrested for DUI, and charged with refusal. I was read my Miranda rights, but never read NJ attorney general’s standard statement for motor vehicle operators (NJSA 39:4-50.2(E)), or offered to take a breathalyzer.

    Robert’s Answer

    If what you say is correct; i.e. that you were not asked to provide breath samples and were not read the standard statement, you have potential defense to the refusal. I say potential since I have not come across this in my 26 years of practice. Were you given the test and unable to provide a long enough breath sample? I suggest that you retain an experienced DUI attorney to obtain the State's discovery and review the matter further, including any videotape of the Breath test room.

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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...

    Robert’s Answer

    • Selected as best answer

    Yes. You will not lose your license if you are not convicted of DUI or refusal. If you were given a refusal ticket, then there would not be a BAC reading since the refusal charges that you refused to submit to the Alcotest (Breathalyzer) or the officer felt that you were not making a valid attempt to blow into the machine. I suggest that you contact an attorney who concentrates in DUI defense and let him/her obtain the discovery from the State, including any video and paperwork concerning the machine. Your attorney will review the discovery and make the necessary arguments/motions based on what the discovery reveals.

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  • I got into an accident while driving w/o my interlock. What are the fines in nj

    minor accident, not drunk

    Robert’s Answer

    1 year loss of license on top of the DUI suspension, plus any other penalties the court imposes under the DUI statute.

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  • What are my chances of getting my second DUI within 5 years dismissed?

    I blew a .16 and then a .11 , is there any chance at all I could get it dismissed?

    Robert’s Answer

    It is unclear whether you are saying that your .16 was the first DUI and the .11 the present one OR, this time the two readings were .16 and .11. If the latter, you have a good chance of having the readings suppressed since they are not "within tolerance" meaning they are too far apart to be reliable under NJ case law. HOWEVER, the State could still prove an observation case against you based on your driving and the officers observations of you and the field sobriety tests. Much more information is needed. I suggest that you contact a qualified DUI lawyer-someone who handles these case regularly and is not afraid to try it and fight for you. Typically this would exclude the letter writers you received letters from.

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