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David P. Gilbert
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David Gilbert’s Answers

330 total


  • 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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  • Lawyer wants to start traffic ticket law office

    Hi, here's something a little different for you. I'm a Florida attorney and want to start a traffic ticket office but don't know where to start. If you could point me to some good practical resources on how get started I would greatly appreciate i...

    David’s Answer

    Set up your business entity (sunbiz.org) and then read all of the statutes / rules of court. Getting clients is difficult and you will spend much of your time working on this aspect of your practice. Try contacting local attorneys to see if they have any court hearings that you can cover, offer to cover for less than normal so that you can get the experience that you need to represent your own clients.

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  • Can points be adjudicated or removed from cdl on paid ticket for careless driving in Florida by defense attorney

    I was making a delivery to a McDonald. The parking lot was designed were you had to enter and exit from the same driveway. It was a narrow driveway with a stop sign on the right corner and a median full of palm trees on a one lane road I was pull...

    David’s Answer

    Depends on the county and the particular Judge / hearing officer that would be addressing the motion. I handle these types of motions statewide and in some cases, I will refund my fee if I can't get the points removed.

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  • Can I file a motion to vacate on no proof of insurance tickets that are all several years old?

    I have many tickets that have all went to collections but im trying to get out of paying $2100 to get my license back and im wondering if i can file a motion to vacate on these tickets.

    David’s Answer

    If you insist on filing a pro se motion to help your current situation, be specific about what action you want the court to take and why. A "motion to vacate" is used when you are requesting that the court set aside, or render void, a prior action made in the case. You must know exactly what actions you want the court to take in response to your motion, or your motion will likely be denied. You can file anything you want with the Clerk's office, but only an experienced traffic ticket attorney in Jacksonville will know how to get these motions granted in an expeditious manner (if it's even possible in that jurisdiction).

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  • Traffic ticket court fee ?

    I am thinking to go to the court for hearing. My citation ticket is $131 for " failure to move over for emergency vehicle" My honest excuse it that I neither see any emergency vehicle nor police flashing light" If my ticket is not dismiss, do ...

    David’s Answer

    • Selected as best answer

    There is no set court fee, but you may end up paying more than the face value of the ticket because you don't know what you are doing. Failure to see an emergency vehicle is not a valid defense to this citation (mainly because there is 99.9% chance that the issuing officer will testify that the overhead lights were on and you either failed to move over when you had the opportunity to do so, or in the event that you were blocked in by traffic, you failed to slow down to the speed required by the statute). Traffic offenses seems like simple law, but when you have to ask the questions that you are asking, there is a good chance that you will make a procedural blunder that will upset the Judge / Magistrate. Hire a ticket attorney in Lee County or else elect driving school (if eligible).

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  • I got a Red Light Camera Ticket. Can I fight this?

    There is no shot of my face. The ticket was about a month ago with the shot of my old car but the citation has the info of my new car on it. So if it is showing a pic of 1 car but the description on the ticket is of a different car, is that someth...

    David’s Answer

    You should pay the "notice of violation" before it becomes a real ticket (a "uniform traffic citation"), which prevents it from showing up on your driving record. If you insist on fighting the ticket, don't do it on your own.

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