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David P. Gilbert

David Gilbert’s Answers

325 total


  • Should a speeding ticket with adjudication withheld affect my insurance??

    I'm shopping for insurance and am noticing higher rates than I expected, and when I walked into a local office she told me that there was no reason for other companies to be charging me $800 for the policy she offered me for $470 unless something ...

    David’s Answer

    Florida statute 626.9541 does permit insurance companies to raise rates for exceeding the lawful speed limit by more than 15 miles per hour, but the statute also indicates that “no insurer shall impose or request an additional premium, cancel a policy, or issue a nonrenewal notice on any insurance policy or contract because of any traffic infraction when adjudication has been withheld and no points have been assessed.” While we have no control over the insurance companies and their internal decisions, the law is arguably clear in that insurance rates, for the current policy period, cannot increase when adjudication is withheld, unless the offense resulted in an accident and the insurance company has paid a claim (which isn’t the case here).

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  • If your friend accidentally shoots you with his pistol while intoxicated, did he commit a crime? Stupid accident.

    Both drinking, cleaning the pistol.

    David’s Answer

    Your friend needs to contact a criminal defense attorney and keep his mouth shut. You should contact an injury attorney.

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  • I pass a police officer and he did not like it , careless driving ticket issued , 153 dollar fine , i don't want have points ?

    i was in courtney campbell beach on my way home ,i passed an slow SUV and was a police officer he do not like it and he give me a ticket ,i have a clean licence and class A and not record, I DONT WANT TO HAVE POINTS ON MY LICENCE,HELP PLEASE

    David’s Answer

    I've handled thousands of tickets in the Tampa Bay area and in my opinion, the best way to fight this ticket is to hire a reputable and experienced traffic lawyer - definitely do not handle this on your own (could potentially get a very harsh sentence, depending on what the officer says in court). With the right lawyer, you will likely avoid the points (if the ticket isn't dismissed completely). Whenever an officer is upset/irritated when issuing a ticket, you need to have an attorney who can either smooth things over with the officer or one who can talk to the Judge directly to try to obtain a "no points, no school" outcome (pre-hearing).

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  • I need help on a speeding ticket.

    i got a speeding ticket today im 21 un employed and need some way of making money to pay off the ticket plus taking driving class to get the point taken off my license. the ticket is a 243 dollar ticket

    David’s Answer

    There's plenty of ways to make money to pay off your ticket and pay for the school. If you can't get a job, make one. Walk your neighbor's dog, drive for Uber or Lyft (if it is legal in your area, check local laws first), babysit your cousin's sister's daughter, start a fitness bootcamp (or a crossfit gym using heavy trash items), be a street performer. Panhandle (where permitted) with a sign explaining your situation, you would probably make enough in one day to pay the ticket and go to a nice restaurant too. Don't let pride get in the way of taking care of business.

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  • What happens with a Vop for dirty urine for cocaine?

    My bf made a stupid mistake. He used a bit of cocaine for a toothache. First violation. His orginal charge was felony battery , what are our options?

    David’s Answer

    You should contact an attorney who has experience dealing with felony violations of probation in Pinellas County (or whatever county this case is in). This technical violation may result in his probation being modified, reinstated, or revoked (adjudicated guilty) - he may also be sentenced to up to five years in prison. You need to contact a reputable criminal defense attorney (or if you cannot afford a private attorney, contact the public defender's office).

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  • Can a no contest plea be expunged from my driving record

    I recently got a speeding ticket I got a lawyer he court he pled no contest on my behalf adjudication was withheld I paid the court cost.I have never been convicted of a crime it was my first speeding ticket how do i get this off my record (drivin...

    David’s Answer

    Speeding tickets are not criminal in Florida, except in very limited circumstances. Since your offense is likely not criminal, it cannot be expunged from your record. Record expunction / sealing is a process that is handled by the Florida Department of Law Enforcement and it only applies to criminal offenses. When it comes to traffic offenses, my personal experiences have taught me to tell my clients "never say never", as I have achieved many things that are technically impossible. So, while it is very uncommon and often impracticable to remove a civil infraction (like unlawful speed) from your driving record, it may not be impossible. However, the costs of pursuing this would likely outweigh any potential benefits (of having it removed). If insurance rates are your main concern, Florida law prevents insurance companies from raising your premium during your current policy period since you were not convicted (and no claims were paid as a result of the offense). If you have other concerns, like immigration or employment issues, I would recommend consulting with an experienced traffic lawyer to determine whether pursuing the removal of this ticket is worth the cost (and it is very difficult to do / high probability that the lawyer cannot remove it).

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  • Have points on my licence need them off for job and better future

    Points off

    David’s Answer

    Yes, it is possible to get points removed and I would highly recommend that you contact a Florida traffic lawyer who has experience in this area of law. I have personally helped thousands of individuals with their traffic ticket issues and I have also helped "clean up" the driving record of many CDL holders, public transit drivers, taxi drivers, car dealership employees, etc. by removing points and also, in some cases, re-opening a case and getting it dismissed. Each County and Judge approaches these matters differently, but overall, the Courts are generally willing to help a driver out, if their employment is at risk. Contact an experienced traffic lawyer for a free consultation and learn what your options are (and the likelihood of successfully removing the points).

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  • Got a letter from DMV about license suspension because of notification of no insurance - I dont have vehicle anymore. What do..

    They sent me a letter saying my license would be suspended because of no proof of insurance on vehicle. Well, the vehicle was totaled and I don't have it anymore nor drive it. What do I need to do to make sure my license is not suspended due to no...

    David’s Answer

    You may be able to have an experienced traffic lawyer remove this suspension for you. It depends on whether the suspension is an "FR Court Ordered PIP" or an "FR Cancellation" - I have helped many of my clients remove the "FR Court Ordered PIP" suspension, which also removes the SR-22 requirement that is required upon reinstatement. There are not that many attorneys who have experience with this area of law, so I would suggest you contact an experienced traffic / license suspension attorney for a free consultation.

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  • If you been have been arrested and your rights wasn't read to you is that a legal arrest

    What is my legal rights in this case

    David’s Answer

    To obtain the best answer to your question(s), you will need to contact a local criminal attorney and schedule a consultation. You will need to provide additional information to have a more thorough evaluation of your legal issues, but I would not recommend providing that information on an open forum like this.

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  • If my drivers license is currently suspended, can I simply cancel it and then apply for a new license in the state I am now in?

    I used to live in California and believe my license might be suspended. I have since moved to Florida. Can I simply cancel my former license in California, and then apply for a new license in Florida? This way when the question comes up on the ...

    David’s Answer

    Yes, you are definitely missing something here. Get your CA suspension issue corrected before applying for your FL license - it would likely prevent you from obtaining your FL license anyways. Florida's Dept of Highway Safety and Motor Vehicles (DHSMV) doesn't issue licenses based on representations by individuals that they have no out of state suspensions - that data is most likely readily available to them and you really don't want to be walking the line by (potentially) obtaining a license by fraud.

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