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David P. Gilbert
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David Gilbert’s Answers

335 total


  • I have a FL traffic ticket for 322.03(5) and a court date in a few days. I would like to know what are my options here.

    Unfortunately I can't renew my Drivers License before the court date. This is my second offense. The last time I received a verdict W/H? I don't know the meaning of this and paid a fine. Thank you in advance.

    David’s Answer

    Generally, the Judge will be less lenient on a second or subsequent offense for driving without a valid license (NVDL). It's even worse when you cannot obtain your license prior to resolving the charge. Your first charge resulted in a disposition of "W/H" and fine, which means that the Judge withheld adjudication. The opposite of "W/H" would be "G" (on the disposition sheet), which means that the Judge formally found you guilty of committing the offense (convicted you). You need a lawyer for this charge, either a private attorney or a public defender. If you are able to obtain your license within the next four to six months, your attorney will normally be able to continue the case in order for you to get the license. If you get your license, the Judge will be a lot nicer.

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  • Is this legal? I feel like its extortion!

    I was recently pulled over for "suspended license" due to lack of insurance during the pullover I presented documents proving while owning the vehicle I've always had active insurance. The officer seized my license and wrote a ticket i cleared my ...

    David’s Answer

    If the suspension was due to an FR Cancellation suspension and your insurance company erroneously notified the "DMV" that you no longer had insurance coverage, you may be able to recover the costs you have incurred as a result of their error. However, the time and energy that you would put into this may not be worth it and there is no guarantee that this will work in your favor.

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  • If I refused to take a breath test for DUI can I waive my right to a formal hearing and avoid 90 days "hard-time" in Florida?

    I got pulled over and subjected to field sobriety tests in the state of Florida but refused the breath test. A lawyer told me that I would be eligible for a waiver of a formal hearing if I was enrolled in DUI counterattack without serving 90 days...

    David’s Answer

    It does not seem like you have read the relevant statutes before making your conclusion that the lawyer told you something that was untrue. Well, you're wrong and the lawyer was right, but you only have 10 days from the date of arrest to waive the hearing (show proof of enrollment in DUI school) and get the hardship license or else you will have to do the 90 days hard time.

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  • If I choose to waive my right to a formal review hearing, can that be used against me as a submission of guilt in court?

    I was pulled over and my officer asked me to perform a series of field sobriety tests. When asked if I would consent to a breath test, I refused. A lawyer told me I could waive my right to a formal review hearing but after doing some research I di...

    David’s Answer

    There are many reasons for waiving the formal review hearing, but a client's guilty conscience is not one of them. That being said, waiving your right to the formal review hearing would likely not be used against you in court. Even if the State tried to present it as evidence, it is not relevant and its probative value (if any) is greatly outweighed by the danger of unfair prejudice. In light of all of the other evidence that is typically available in DUI cases, it would seem far fetched that the State would need to resort to using this as evidence. It all comes down to whether you can afford to lose your ability to drive for 90 days (due to refusal, no hardship until 90 days no driving), if you can, then don't waive the hearing, fight it.

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  • If I ask for Jail time because I cant pay fines in DUI case will it be full 6months?

    I have never had a speeding ticket.. Had an accident (no other cars involved/no one hurt) first offense ever in my life and hopefully last but I can't afford attorney and I do not qualify for a PD do to me co-owning on a house. State is already se...

    David’s Answer

    The minimum DUI penalties cannot be modified by the Judge, except in limited circumstances. The fine is mandatory unless your charge is reduced, dismissed, or you are acquitted. Your best option is to hire an experienced Sarasota DUI attorney, but if you cannot find an affordable one in your area, you may want to look for an attorney in Tampa who is willing to make the drive down there - I think you will be able to find one to represent you at a more affordable rate, if that is your main concern.

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  • I received a traffic citation for 316.126(1)(b) the move over law, 2 days ago.

    I had absolutely whatsoever no idea that this law existed. After 9/11 (I was there in NY), I stopped watching, listening to or hearing about the news. I was never sent anything from FL motor vehicle advising me that there was a new law - and was i...

    David’s Answer

    Too often, I talk to individuals who received incorrect legal information from DMV employees, clerk's office employees, and even law enforcement officers. Never rely on legal information or legal advice provided to you by a non-lawyer.

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  • Will I go to jail for this...?

    I was pulled over today for driving on a suspended license that I did not know was suspended due to a child support issue that was fixed by itself. I switched employers and my payroll deduction missed the date, but child support enforcement releas...

    David’s Answer

    No lawyer can provide a definitive answer to this question. Even if a particular lawyer has substantial experience in your local courthouse, the Judge may wake up with a new attitude towards these types of offenses and lawfully sentence everyone to jail time. However, you may be able to avoid court and resolve this citation through the clerk's office by using an election and showing proof of compliance, see Florida Statute 322.34(11)(a) for details. If you cannot figure out how to complete that process, or if you are unable to do so (no available elections), you need to hire an attorney or get a public defender to represent you. You have a good case because the element of "knowledge" would be difficult for the State to prove, unless there was an admission made by you during the traffic stop (no rebuttable presumption of knowledge in financial responsibility cases).

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  • Can i get my license if i got a ticket on my permit, but i went to court and the ticket got dismissed?

    The court fee is paid, and the ticket was dismissed i was proved not guilty and there will be no points on my license.

    David’s Answer

    This ticket should not affect your ability to obtain your license. You can verify the status of your driver license (or learner's permit) at www.flhsmv.gov/dlcheck

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  • Drunk patron at casino waiting on cab drives off with car when valet pulls up and opens door

    After waking up with wrong car patron calls casino and toes the car back to the casino. The car was not missing anything but the keys because I lost them at some point . Now I did not give valet guy voucher nor did he ask for the claim voucher. Be...

    David’s Answer

    Since you didn't ask a question, we can't give you an answer. I just hope that you learned a lesson and you will not endanger others by drinking and driving again in the future.

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  • I received a speeding ticket for speeding. I was going 53 in a 40 zone. The offer reduced it to 39 on a 30 zone.

    The document is comletely wrong. It says the zone was a 30 zone which it is posted 40. The document also doesn't have the same filing instructions as the web site. My document refers to a CDL and nothing about the standard three options. do I n...

    David’s Answer

    Yes, you need an attorney to fight this ticket on your behalf, but not just any attorney. You should hire an experienced traffic ticket attorney in your local area that routinely practices in the Orlando traffic courts (many attorneys will send direct mail advertisements, but they do not actually live or work in your local area, check Floridabar.org to verify attorney office locations). Only an attorney who routinely appears in your local court will be able to provide you with realistic expectations regarding the outcome of your case and if you have a CDL, whether or not the court will allow a disposition of adjudication withheld (as this has been an issue in some counties lately).

    You mention that the officer has included incorrect information on your citation. You should be aware that the officer has the ability to amend (correct) the information on the citation at anytime prior to trial (when officer is sworn in, ready to testify). Often times, the officer will reduce the speed to cut you a break on the fine, but it may also indicate that there was an issue with the officer's speed measurement device and that he just wants you to pay the ticket (rather than contest it and discover this problem). If you plan on fighting this on your own, you may not want to point out the officer's mistake regarding the speed by saying that you "[were] going 53 in a 40 zone" not 39 in a 30 - not a great defense. Call an Orlando ticket attorney to fight your citation, you have 30 days to set a court date, elect school, or just pay the fine - don't wait until the last minute to decide what you want to do.

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