Skip to main content
Robert W Rubinstein
Avvo
Pro

Robert Rubinstein’s Answers

126 total


  • Do I have a case?? If so how do I proceed?

    I was recently in a auto accident with my two children in the car. A school bus was 100% at fault and was issued a ticket. I was advised to seek legal advise as far as a case. Both my two kids and I were taken to the emergency room and discharged....

    Robert’s Answer

    First, sorry that you were involved in a car crash and that you and your children were injured. From what you described it would certainly appear that you have a case. There are 3 separate matters that happen when you are in a car crash. First is the property damage to your car. Second is the medical bills and third is your claim for pain and suffering and the impact that this has had on you. Each of these has strict requirement which is why you should promptly contact an attorney that specialized or concentrates in this area before speaking with anyone from the insurance companies. Look for an attorney that is a member of NJAJ and one who is certified by the NJ Supreme Court as a Civil Trial Attorney. Good luck and feel better.

    See question 
  • Does Delaying Traffic ticket come with points and should we fight it?

    My daughter was in a car accident where she hit the car in front of her due to weather conditions. She received a ticket in the mail for Delaying Traffic. I want to know if this ticket comes with points and should we fight it?

    Robert’s Answer

    If the ticket is for 39:4-67 or 4-56 it is a no point ticket. It sounds like the officer gave her a break. The cost of an attorney will be more than the ticket.

    See question 
  • Violation 39:4-97

    Why get a summons for a violation 39: 4-97 when I was the passenger of the car accident not the driver. I don't even have a drivers license. i don't drive.

    Robert’s Answer

    A passenger cannot issued a summons for 39:4-97 which is careless driving. It may be that the police officer believes that you were the driver. If that is the case, the State would have to prove this at a trial. Are you sure that you received a summons and not just a notice/subpoena to appear in court for the matter as a witness? I suggest that you obtain a copy of the police report and see who is listed as the driver of the car. I further suggest that you consult with a local Mercer County attorney about your matter.

    See question 
  • I was driving with my friend, and we both had a few drinks, we were drunk. As we drove, a police officer flagged my car and stop

    and stopped me. He said I was speeding and gave me multiple tickets. Can I beat this. I saw someone without an attorney in Court and some attorneys told me that most people plea guilty that it's a game that attorneys charge you but they do no...

    Robert’s Answer

    There is no way for an attorney to answer your question without knowing all of the facts. The penalties are severe for drunk driving and are different based on whether you gave breath samples and, if so, what your BAC level was. An attorney will review all of the evidence the State has against you and will be able to determine what, if any defenses are available to you, whether it be the initial stop, the field sobriety test you performed, the operation of the machine, etc. There is not reason for you to not have an initial consultation with an attorney and if money is the issue, apply for the public defender.

    See question 
  • Is it necessary for me to appear in court? I'm 19 and scared and really do not want to. Would want settled with insurance?

    In 2014 I rear ended a car but it wasn't bad at all. No air bags were blown up or anything. The people I rear ended got out of the car and were just checking their cars no ambulance was called only one cop who came and made a police report. On Mon...

    Robert’s Answer

    You should immediately call the insurance company that covered you at the time of the accident and report to them that you were served with a summons and complaint. You should get an address and mail and/or fax them a copy of complaint. They will assign an attorney to represent and defend you in the lawsuit. Try to relax and let the insurance company and attorney work it out. Make sure to let your attorney know that you want the matter resolved.

    See question 
  • Does the statue of limitations apply, never any problems since!

    I was arrested for dwi 13 years ago & never went to court, I hired an attorney to represent me & I continuously called him for months following to ask when my court date was. He thought that the records were lost because I never went to court. ...

    Robert’s Answer

    No. Since you were issued the summons in a timely fashion there is no Statute of Limitations issue. However, due to the significant length of time that has passed, there are a variety of potential favorable outcomes available to you. I suggest that you contact your attorney or retain another local attorney to assist you in promptly resolving this matter so that you can move forward on your application to be a corrections officer.

    See question 
  • In car accidents, do defendant and plaintiff attorney's have the same rights?

    An employee operating a company vehicle, caused car accident, got a ticket for causing it & then she skips town? Why can the company attorney depose the plaintiff but the plaintiff attorney cant depose the defendant – that just doesn’t sound fair.

    Robert’s Answer

    Absolutely. Both parties are entitled to depose each others witnesses. In your scenario, the plaintiff's attorney can file a motion with the court to bar the defendant from testifying and/or to strike the defendant's answer to the complaint. Unless liability is disputed, the issue may not be that important and, can result in a finding of liability on the defendant, meaning that the plaintiff only has to prove hie/her damages.

    See question 
  • What kind of ramifications will come from a third dwi charge within five years?

    My husband was arrested on Monday for a third dwi plus issued six other tickets one including driving with a suspended license. The first dwi was in August 2013 and the second was September 2015. He hasn't completed all the requirements from the s...

    Robert’s Answer

    If convicted of a 3rd DWI with 10 years of the second DWI, he will lose his license for 10 years, will be sentenced to 180 days jail, 90 of which must be served in a correctional center, $1,000.00 fine plus cost and assessments, $1,500 per year surcharge for 3 years, up to 90 days community service, 12-48 hours IDRC, ingnition interlock for 1-3 years following restoration of license. Additionally, since it appears that he was suspended from driving due to his second DWI, if he was charged with driving while suspended, there are additional penalties including, a mandatory 10-90 days jail. As I am sure you are aware, your Husband needs to get help for his drinking problem immediately before he hurts someone or himself.
    You really need to speak with an experienced DWI defense attorney immediately.

    See question 
  • I have 2 questions...See below

    I was a front seat passenger injured in a car accident in NJ even though I live in NY. We were rear ended on the highway and the vehicle was totaled after we flipped over and were run off the road. Per state law, I had to go through my own PIP b...

    Robert’s Answer

    While I agree with the other lawyers, there is one part of your question that is important for you to know. If your automobile insurance carrier writes insurance in New Jersey, you may be able to convert from your NY PIP limits to the NJ statutory limits of $250,000.00 PIP. You should promptly consult with an experienced NJ personal injury attorney to make sure that you are submitting your medical bills properly to your PIP carrier. The fact that the at fault driver's insurance may not write in NJ is irrelevant.

    See question 
  • 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.

    See question