Skip to main content
David P. Gilbert
Avvo
Pro

David Gilbert’s Answers

330 total


  • How much money am I looking at to get a lawyer to go to court for me while I am in a different state?

    I have a FTA for Pinellas county for a traffic ticket from 3 years ago. I am really needing my DL back. What kind of attorney fees am I looking at to get it taken care of for me. I do not live in Florida anymore I am in Arkansas, I also just had a...

    David’s Answer

    Depending on what type of criminal traffic offense you are charged with, the case may be able to be resolved within a few days, while others may take months. Call around to local traffic court attorneys in Pinellas County. Generally, an attorney who routinely handles these types of cases will be more efficient, which should translate into a more competitive fee. (that you may be able to pay all at once).

    See question 
  • Got a DUI went to court and was told i need a visual monitor because i don't own a car .

    Where in Miami can a go. Its a court order for 6 month. a call all they have is the Ignition interlock. not a visual.

    David’s Answer

    You may want to ask for clarification from your public defender / private lawyer, if you had one. The majority of DUI penalties are mandatory (unless the charge is reduced / or diversion program is available) and it would be unusual for a Judge to substitute the ignition interlock requirement for a "visual alcohol monitoring" device. If this was imposed as a condition of probation, ask your probation officer for a list of approved vendors. I found a link for Scram Systems, which appears to manufacture a remote breath testing device with GPS and facial recognition capabilities (via camera) that may meet the requirements imposed by the court. Their website has a list of vendors in Florida.

    See question 
  • I was pull over the find some weed in my car they took the car and give a notice to appear misedmeanor what is the punish

    Felony conviction for cocaine possesion

    David’s Answer

    If you are asking what the typical punishment is for a misdemeanor marijuana possession charge (for someone with a prior conviction for poss of cocaine), it will range anywhere from nothing to one year in jail (and/or probation) and up to $1000 fine (plus court costs).

    See question 
  • Can I get a probation violation for a speeding citation in another county? Should I notify my PO over the phone?

    6 months probation for 2 counts driving on restricted license and possession of alcohol by minor. I no longer have restricted license.

    David’s Answer

    No, a speeding ticket should not trigger a VOP. Should you tell your PO? Depends on the terms of your probation, but generally, it's better to tell the PO rather than the PO finding out on his/her own. It would be best to keep your record as clean as possible from this point forward, hire a local traffic ticket attorney to fight this speeding citation.

    See question 
  • Got a speeding ticket for 84 MPH in a 70. Cop claims I was attempting to pass him but he paced me. Please help? I was doing 70

    we come upon some traffic doing 60 MPH so I get in the left lane behind a Toyota Tundra pickup who is behind the cop and we are doing 70 MPH. A little ways up the road ~1 mile the left lane has slowed to 65 MPH and there is no traffic in the right...

    David’s Answer

    Contact an experienced traffic ticket attorney in the Port St. Lucie area to fight this ticket. Don't try to do this on your own, it will likely cost you more than if you had hired a reputable traffic lawyer to handle it for you.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question