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Robert W Rubinstein
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Robert Rubinstein’s Answers

109 total


  • 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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  • 2 y/o child involved in UM accident now showing signs of special needs 3-6 years later

    My son was in a bad car accident at 2 y/o. He went to ER and followed up with MD, and presented with no issues other than cuts from seat straps. Fast forward 2-3 years and he was diagnosed with sensory/auditory processing disorders and receives ...

    Robert’s Answer

    As stated by the other attorneys responding, the issue is whether a qualified medical doctor can state that within a reasonable degree of medical probability the OCD and Tourettes are causally related to the accident. This will not be easy and will be challenged by the insurance company. Were any MRIs or CT-scans taken at the time of the MVA? I suggest that you contact a personal injury attorney to sit down and discuss the matter in further detail.

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  • How do lawyers decide to take on a case for personal injury? Is it on how strong a case would be? How confident they are?

    I had interviewed a couple of good rating lawyers. One sees my case as strong, another sees it as weak. Both have track records of winning cases, but one may be more aggressive or have better ideas on winning the case. The other one is more subtl...

    Robert’s Answer

    Your decision should be based on who you are most comfortable with which should include the attorneys' belief in your case. All things being equal, are either of the attorneys' certified by the NJ Supreme Court? If so, it means that they are not afraid to try a case to a jury. Yes you can change attorneys midway. The attorneys will then work out a fee split among themselves of the contingent fee. You do not have to pay twice. Good luck.

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  • Who can I contact about the assessment I was required to take after IDRC?

    After attending IDRC, I was told I needed further assessment. I was given a location from their list of affiliated treatment providers to contact to make an appointment. I've been trying to reach this place all week & unable to contact anyone at t...

    Robert’s Answer

    If you were represented by an attorney, you should contact them ASAP. You should also go to the Trenton Court (you will never get anyone on the phone) and ask them to let you appear before the Judge to explain your predicament. Finally, although inconvenient, you should go to the IDRC facility in person and discuss the problem. The last thing you want to do is explain "non-compliance" to a couple of the sitting Trenton Judges.

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  • I got. a dui 0.12 but its my first time. im not trying to get my license suspend

    my first dui

    Robert’s Answer

    With a 0.12, your chances of losing your license are very high. The other responses are on the money that your best bet is to challenge the reason you were stopped in the first place and the reason they took you to the station for breath tests. If your matter is out of Trenton, you may have some other factors working in your favor. You should contact an attorney in Mercer County to assist you.

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  • For what types of damages can you be awarded for professional legal malpractice cases in NJ?

    Say for instance, an attorney misses a deadline to file a lawsuit for a personal injury auto accident case. What if the tortfeasor's policy limits for personal injury were 250/500, and you sustained serious spinal injuries rendering you permanentl...

    Robert’s Answer

    Legal fees and pre-judgment interest are recoverable in a legal malpractice action. The practical issue is proving that "but for" the attorneys' malpractice you would have recovered more than the tortfeasor;s policy limits which is very difficult unless the tortfeasor had significant assets. It sounds like you already have a lawyer or consulted with one. I suggest that you speak with your lawyer or consult with one if you have not already done so.

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  • New Jersey... backed into another vehicle... I am uninsured...

    If the other person has uninsured motorist coverage. are they required to file to their insurance company or do they have the option to sue me instead... Damage is $2000 to 3000...

    Robert’s Answer

    They have the option of pursuing you and/or their insurance company. If their insurance company pays the damages, it may sue you for reimbursement of payments made to the other driver. Under NJ law, your license may be suspended if there is a judgment against you arising from your operation of an uninsured car. I suggest you speak with an attorney.

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  • I had a DUI in 2008, I was unable to pay the fees, they are still pending is there any way to lower it/go back on a payment plan

    I need help paying this fine. I just can't do it on my own. I was just given a car and need to get on the road!

    Robert’s Answer

    The first thing you need to do is contact the court and find out whether they have issued a warrant based on your failure to pay. You should then contact an attorney to assist you in court to explain why you ignored your obligation for 6 years and get you back on a payment plan. You should be prepared for the Judge holding you in contempt and imposing a monetary sanction. Additionally, you should be prepared to make an initial payment toward the outstanding balance and to show the Judge your economic situation.

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  • 1st offense dwi, pulled over in school crossings, opening container, on a suspended license

    1st offense dwi, pulled over in school crossings, opening container, on a suspended license. Officer made me get out of the car do a FST on a bad surface, in 30 degree weather. Told me he feels like I'm too drunk to drive. I get to the police stat...

    Robert’s Answer

    The penalties for a first offense dui in a school zone with a .10 are minimum fine of $500, maximum jail sentence of 60 days, the maximum license suspension is two years. The likelihood of jail for a first offense .10 without an accident are minimal; however, based upon the above penalties and the defenses and comments raised by Mr. Chester, you should retain an experienced DUI attorney to review your case and defend you.

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