Personal Injury Blog - The Rubinstein Law Firm, LLC

Motor Vehicle Stops In NJ Now That Pot Is Legal

3/4/2021

With the new laws signed in February 2021 regarding marijuana possession in New Jersey, many are wondering what does a motor vehicle stop look like now when the officer approaches and smells pot? According to our NJ Attorney General, the current instruction to the police is for the officer to first take the traditional investigative steps to determine probable cause.

In scenario 1: Is the driver operating the vehicle under the influence of any substance, including marijuana. Keep in mind that while possession of certain amounts of marijuana is legal in New Jersey now, it is still not legal to drive while high. If the driver is intoxicated by drugs, the driver can be arrested and the vehicle searched.

In scenario 2: If the driver is not under the influence, the new law is very clear that just the smell of marijuana does not establish reasonable suspicion to justify a continued stop or give probable cause to search the vehicle or persons in the car. That means that unless there is something more than an odor of marijuana coming from the vehicle, the vehicle and people inside must be released one the initial reason for the stop is addressed.

New Jersey - How To Vote During A Pandemic

9/25/2020

I think everyone can agree 2020 has been a trying year. It is almost like you are shock proof at this point! But 2020 is not over yet. We need to vote. Regardless of which political side you fall on, you need to know the basics if you want your vote counted in New Jersey. This year is different because the majority of votes will be by mail or ballots dropped off. That means if you do not know the rules ahead of time, you may be out of luck. Let's not have that happen.

First, you need to register to vote if you have not done that already. The deadline to register is October 13, 2020. You can actually register online this year, which is a big deal. Here is the website to register online:

https://nj.gov/state/elections/voter-registration.shtml

Alternatively, you can register by the traditional paper application. This same website above will give you the link to fill out a paper application and send it in.

Once you are registered, you wait for your voting envelope to come in the mail. You do not have to request a mail-in ballot. If you registered to vote, the county election officials will sent a mail-in ballot to your registered address. It is possible you may have even received this already as some places are starting early to ensure everything arrives on time. If you have not received it yet, hold tight. Ballots are ordered to be mailed by October 5, 2020. If you happen to register closer to the October 13, 2020 deadline, do not panic. You will still get a mail-in ballot sent to you. However, it is always better to register early so you do not forget.

Now, what are you supposed to do with this mail-in ballot once you have it in your hand? Read the directions carefully! You should receive a ballot and two envelopes. One of the envelopes will have pre-paid postage on it for you to send your ballot back at no cost to you. The second envelope has a form on the flap of the envelope for you to fill out and SIGN. Keep the form and envelope together. Do not separate them. Most importantly, fill out your ballot by filling in the circles next to whom you are voting for this year. YOU MUST USE A PEN!. Once all of this is done and you have double checked it, place the ballot in the envelope that had the flap that you filled out and signed. Seal that envelope. In order for your ballot to count, it must be inside that second envelope you filled out and that envelope must be sealed. Now, put that in the post pre-paid envelope.

Whew! Now, how do you get it where it needs to go? (1) You can put it in a regular mail box like you do any other envelope. If doing this, do it sooner than later. Otherwise, (2) there are drop boxes being set up around the counties that you can drop your ballot in. Election Day is November 3, 2020. Ballots can be put into the drop boxes until 8pm that night. Here is a link for current drop box locations:
https://nj.gov/state/elections/vote-secure-drop-boxes.shtml

(3) you can deliver your ballot in person to your county Board of Elections. Here is the website to locate your office:
https://nj.gov/state/elections/vote-county-election-officials.shtml

Finally, (4) you can bring your completed ballot to your polling place on Election Day (November 3, 2020) between the hours of 6:00 am-8:00pm. ONLY THE ACTUAL VOTER CAN BRING THE BALLOT TO THE POLLING PLACE. You can not have someone else bring your ballot to the polling place. See website for your local polling place: https://nj.gov/state/elections/vote-polling-location.shtml

Now, with all of these options, how do you know if your ballot even arrived? Good news! You can track your ballot to make sure it is received. https://nj.gov/state/elections/vote-track-my-ballot.shtml

MAKE SURE YOU ARE HEARD IN 2020!

Don't Pretend You Have The Coronavirus! It's Not Funny

3/18/2020

I'm sure in her drunken state this seemed funny, but at the end of day, we should be better than this as a society by now.

After a reported one car accident in March 2020, a Hanover, New Jersey police officer was doing his job by arriving at the scene and seeing what he could do to help. The police suspected the driver was intoxicated and began to proceed with their protocol in this situation. Instead of cooperating, the driver became nasty, likely because she was annoyed at her current situation and drunk. While being arrested, she began breathing all over the officers. She also started coughing on the officers and then told them "oh, by the way, I have the coronavirus and now so do you." As you can imagine, this would send anyone into a panic while the virus is running rampant in the world.

The woman further made up a lie that her boyfriend had the virus and was hospitalized for treatment. The panic for the police officers lasted for what seemed like forever as they thought about their coworkers and family and how this would effect everyone if they indeed now contracted the virus.

After a thorough investigation, it was determined that the woman made up the entire story. Now, in addition to her mistakes for driving while intoxicated, she faces a criminal charge for causing false public alarm.

Please keep in mind that times are stressful and tough for everyone right now, especially our officers, EMT workers and healthcare workers. They are all working to help those that need help right now. Remarks like these are not needed now. Please be thoughtful and kind to one another so we can all get through these times together and hopefully, come out a better society in the end.

Should We Change The Way We Write The Year For 2020?

1/7/2020

Most people never write out the date using words. Instead, we abbreviate it with numbers using dashes or slashes to show the month, day and year. Some write a two digit year. Some write a four digit year. Up until 2020, that system seemed to work fine and people understood what year you were writing. However, 2020 presents a new potential issue. If we abbreviate the year using just two digits to write 20, Can people potentially add on two extra digits to make it a previous or subsequent year? For example, if I signed a document dated 01/07/20, could someone come along and make that date on my document 01/07/2009 and somehow legally bind me to something more?

In the every day normal daily occurrences when we put a date next to our signature, writing a two digit year as 20 is not going to impact you. However, we live in a world where people are out to exploit others. Is it possible that just writing 20 for the year will give those exploiters more opportunities this year for the unsuspecting soul?

How does this affect you? What if you wrote a check to someone dated 11/12/20. The person receives the check, but never cashes it. Then they find the check 11/12/21. Normally, that check is too old to cash. But could the holder of the check add a 21 to the end making the date 11/12/2021 and take it to the bank? The bank certainly would not know you didn't write 2021 on the check if presented for cashing on 11/19/2021. Depending on the amount of the check, this could throw off your account balance and budget. Then what do you do? Try to collect it back from this person?

This brings me to the old saying "better safe then sorry." In a world where hackers are constantly trying to breach stores and obtain account information or hack your email account, do we really need one more thing to worry about? Wouldn't it be easier to make it a habit to just write a four digit date on everything? I don't know about you, but my worry list is long, so a quick, easy change in a habit seems easier in the long run.

New Drager Device Will Tell Police If You Are High

8/7/2019

If you recall, Drager is the company that makes Ignition Interlock Devices and Breathalyzers. Now, Drager has created a machine that police can use to help determine if you are high while driving. Up until now, the police needed to get a Drug Recognition Expert to make that determination. This can often be a hassle. Then we need blood work to determine what drugs are in your system. However, if NJ decides to approve this machine one day, that job just got easier.

This new machine, Drager Drug Test 5000, uses a mouth swab to determine whether you are high. Some cities have already stated using it, such as New York City, Los Angeles and San Diego. The test can detect weed, cocaine, opiates, methamphetamine, amphetamine, methadone and even benzodiazepines.

We will see if NJ starts using this.

Nursing Home Ratings Matter In New Jersey

5/20/2019

“To those seniors, and especially elderly veterans like myself, I want to tell you this: You are not alone, and you having nothing to be ashamed of. If elder abuse happened to me, it can happen to anyone. I want you to know that you deserve better.” Mickey Rooney

Sadly, elder abuse is on the rise. No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways. We place our loved ones in nursing homes and assisted living facilities to ensure that they receive the care they need and to which they are entitled. Unfortunately, many nursing homes and related facilities are more concerned about profits than protecting their residents from health and safety hazards. Negligence can result in injuries such as bedsores or pressure ulcers, dehydration, malnutrition, broken bones, and other medical conditions which cause harm and even death.

If you are considering placing a loved one in a nursing home or are concerned about a loved on that is already in a nursing home, make sure you review the nursing home rating. The following link will provide you a list of New Jersey nursing homes and their ratings.

https://www.medicare.gov/nursinghomecompare/results.html#lat=0&lng=0&state=NJ

The reality is this-nursing home abuse should never happen. If management diligently supervises its staff and the staff follows the resident’s care plan. Deviation from the care plan shows that the staff is not treating its residents with dignity and respect.

If your loved has suffered an injury due to negligence of a nursing home you should contact us immediately.

Motorcycle Safety

5/3/2019

Spring is finally here. For many New Jerseyans this means it is time to ride. Whether it’s a scenic drive along the water on Route 29 or tearing it up on I-295 and the NJ Turnpike, motorcyclists are dusting off their bikes and getting ready to ride. Unfortunately, motorcycle accidents are all to frequent. From texting driver’s to dangerous road conditions, motorcyclist need to be prepared. Here is a link to an article that identifies 10 common motorcycle accidents and how to avoid them.

https://www.nj.com/traffic/2018/05/the_open_road_was_deadlier_for_nj_bikers_last_year.html

https://www.rideapart.com/articles/254912/10-common-motorcycle-accidents-and-how-to-avoid-them/

Motorcycle accidents can result in serious or fatal injuries. This means significant medical bills and time missed from work. The experienced motorcycle attorneys at The Rubinstein Law Firm, L.L.C. can help you navigate the frustrating and confusing process of getting you the necessary medical treatment, your medical bills paid, compensation for your lost wages and compensation for your pain, suffering and loss of the enjoyment of life that you had before the carelessness of another caused your to crash.

Robert Rubinstein Selected NJ Super Lawyer For 10th Year!

4/11/2019

Robert Rubinstein NJ Attorney Super Lawyer 10 years

Robert W. Rubinstein, Esquire

Congratulations to our own Robert W. Rubinstein who was included in the 2019 Super Lawyers list. He has been included in the list for ten years now. Each year, no more than five percent of the lawyers in New Jersey are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Monkey Loses His Appeal In Court

4/24/2018

While this case has nothing to do with any area of law we practice, it is one of those cute stories you can't help but read. Remember the story about the monkey named Naruto who stole a camera left unattended in 2011 and began snapping his own selfies? Everyone thought it was cute and funny. The photos Naruto took were great! But then came the legal battle. The owner of the camera felt that his company should have the rights to the photos. However, PETA argued that they should have control of the photos to benefit the monkey. Well, the case went on to the 9th U.S. Circuit Court of Appeals and a decision was made this week that the owner of the camera owns the photos since monkeys do not have the right to sue under our copyright laws.

Creative Alibi Used To Fight Arrest

9/28/2017

A man in Oregon was arrested for kidnapping. He is accused of grabbing a 16 year old girl in June and using a knife to threaten her. The girl states that he tried to pull her into a car. However, the man now claims this is a case of mistaken identity and it wasn't him. It just so happens that the actual culprit was in the same area as this man during the time of the kidnapping and a mere coincidence that both men happen to share a similar appearance. Why was this man in the area you might ask? He was playing Pokemon Go on his phone. Officers checked his phone and confirmed that on two of the three days in question the man did play Pokemon Go on his phone and captured a Pokemon. Even more of a coincidence is that Pokemon was captured at almost the exact time that the kidnapping occurred. Did he happen to see the kidnapping taking place if he was there? It is possible a jury will buy this, but I think there are too many coincidences to explain away. It would be a different situation for me if the two men didn't share a striking resemblance.

http://nypost.com/2017/09/27/man-uses-pokemon-go-as-alibi-in-kidnapping-case/?utm_campaign=iosapp&utm_source=mail_app

Rubinstein Law Firm Attorneys in Mercer County NJ

The Rubinstein Law Firm, LLC - New Jersey and Pennsylvania Lawyers
1675 Whitehorse Mercerville Road, Suite 206, Hamilton, NJ 08619
Phone: 609-392-7600
Fax: 609-964-1785

Follow us on:

who we are

Attorneys:
Robert W. Rubinstein, Esq.
Kristy L. Bruce, Esq.

Our Services

Litigation
Business Law
Commercial Litigation
Employment Litigation
Wrongful Death

Personal Injury
Criminal Defense
DUI
Municipal Court
Juvenile Matters
Expungement

NJ Courts

Mercer County
Middlesex County
Burlington County
Ocean County
Somerset County
Hunterdon County
Atlantic County

Camden County
Monmouth County
Morris County
Bergen County
Essex County
Gloucester County

PA Courts

Bucks County
Philadelphia County
Montgomery County
Delaware County