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David P. Gilbert

David Gilbert’s Answers

325 total


  • Can you be given a ticket for not wearing a seatbelt in a parking lot in Florida

    None

    David’s Answer

    Yes, you can lawfully be issued a citation for failing to wear a seatbelt in a private parking lot, so long as there is a valid enforcement agreement (between the owner of the lot and local law enforcement) and the officer (allegedly) observed that you were not properly restrained a safety belt while your vehicle was in motion. There are a few exceptions to this brief explanation of the law, but hopefully you find it helpful. While this offense is considered to be a non-moving violation, it is still important to fight the citation because your insurance company will take notice that you are driving around without your seat belt on, which may result in an insurance premium increase (even though no points are assessed for this offense, if convicted). You should contact an experienced and reputable traffic ticket attorney in the Orlando area to discuss this further.

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  • Fifth time being arrested for driving with suspended license, what should I do?

    26 years old, permanent resident for 20+ years, hispanic/black

    David’s Answer

    If you are not already classified as a habitual traffic offender ("HTO"), then you are likely facing the possibility of receiving this five year revocation in addition to your current license suspension issues. If you had an HTO revocation in effect at the time of this most recent offense, then you face the very real possibility of being charged with a felony DWLSR, even if you were not charged with this offense at the time of arrest (the state attorney can review the case and upgrade the offense to 3F). Felony DWLSR carries a maximum penalty of five years imprisonment and up to $5000 fine. I would highly suggest that you hire a private attorney for this case (even if you are indigent, you need to work on getting the funds for a private lawyer). This is due to the fact that the public defender will only represent you on the pending criminal charge and will not assist you with resolving your pending suspensions (so you can obtain your license prior to sentencing). If you do not have a valid license or a hardship license by the time of sentencing, you will likely be sentenced to a term of imprisonment and you will likely receive an additional DWLSR conviction, which may or may not trigger an additional five year revocation (depends on your driving record). Don't assume that you can't afford an attorney or that an attorney can't help you get your license back.

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  • Do I need an attorney in Pasco County Traffic Court?

    Driving work company's truck. Pulled for speeding I'll pay that. While checking license it came up license suspended so arrested/ROR. I went to home county to investigate possible of source of suspension. A car tag turned in from car I could no lo...

    David’s Answer

    A defendant should never represent himself in a criminal case, regardless of the severity of the charge. Pasco county Judges are not known for their leniency and neither are the prosecutors. It would be a smart decision to hire an attorney to represent you, rather than you speaking to the judge directly in open court (big no no). Everything you say in court will be used against you, especially the part when you admit that you were driving.... It happens quite frequently when defendants represent themselves.

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  • Before I can get my license back next year I have to pay off $5000 worth of fines, would an attorney be able to settle the case?

    Habitual traffic offender and got a dui with my hardship license in 2010. My five years will be up in 2015 but I owe $5000 worth of fines, would an attorney be able to possibly settle this case so I don't have to pay as much?

    David’s Answer

    Yes, there is a possibility that the HTO can be removed and the fines may be able to be reduced, especially if they have gone into collections. I have handled many similar situations for my clients and I should be able to help you out. Contact my office and I will review your driving record and outstanding fines during a free consultation. My main office is located at 49th st and US 19.

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  • DWLS 2nd offense + DUI most likely scenario?

    A friend of mine just got his 2nd offense in the past 3 months for driving with a suspended license with knowledge. This was in Pinellas County, Florida. It was suspended because of a DUI he had in February of this year. I know he's had more th...

    David’s Answer

    Depends if the charge is filed as a felony or misdemeanor DWLS, either may be possible given his prior record (although we don't know the conviction dates of the priors). He could be sentenced to 30, 60, 90 days or more, depends on the Judge and the facts / circumstances of his particular case. A private attorney would likely spend more time addressing the substance abuse issue and begin developing a plan to mitigate the sentence by suggesting in-patient treatment in lieu of incarceration. Good luck to your friend.

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  • What are the determining factors in getting my license reinstated through a formal hearing?

    I was pulled over and asked to do a series of field sobriety tests. When the officer asked me if I would subject to a breath test, I refused and shortly after I was arrested. I am considering my options and I would like to fight my case and get m...

    David’s Answer

    I think your decision to represent yourself at the formal review hearing is a "determining factor" that you need to address before doing any more legal research. It will likely determine the outcome of the hearing, in a negative way.

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  • Bogus traffic tickets, can I beat this?

    My boyfriend who I have been trying to get off drugs had ruined my day at Wet N Wild arguing me so I left him there. I had a change of heart decided to go back. I stopped in parking lot and a car let off his horn rudely at me so I said "go f yours...

    David’s Answer

    You could have likely avoided this whole situation had you not drawn attention to yourself by using such colorful language. In addition to the fines, you are also facing the possibility of six points being assessed on your driving record. You need to contact an experienced Orlando traffic ticket attorney to discuss your situation.

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  • Is it legal in florida to ticket you for parking in a alt fuel spot in a shopping center ?

    My friend parked in this spot when he went to eat in a place in a shopping center. It was packed this was the only spot in a lot behind all the building. Is this legal ?

    David’s Answer

    You really didn't provide enough information for any lawyer to make a definitive answer, but it all depends on local laws / ordinances and whether there is jurisdiction to enforce such violations in the shopping center. In the future, do not park in areas that say "[ .... ] parking only" unless you fall into the category listed on the sign.

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  • Hi my boyfriend had his identity stolen a while ago the person who did this has gotten traffic tickets all over the place

    even in new york ..due to that his license is suspended ,, he is cuban his resident card is about to expire but with an expired license he is unable to renew that , soon he will be unable to work because his resident card will be no good . ..so i...

    David’s Answer

    Make sure that the identity theft is well documented by contacting law enforcement and getting a written report made. This is definitely is very complex matter - you should consult with a local attorney to determine all of the issues and how to address them.

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  • Can a red light UTC be prosecuted if alleged violator does not sign for or collect the certified mailed UTC. state of Florida?

    Missed deadline to pay red light camera infraction and now it has turned into UTC. Has not been served yet, If it is not collected and signed for at usps can case move forward ? thanks for reply.

    David’s Answer

    The only thing you are going to accomplish by avoiding the mailman is getting your license suspended, which will result in more financial penalties and potentially, a criminal charge, if caught driving while suspended.

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