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David P. Gilbert
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David Gilbert’s Answers

330 total


  • Stopped solely for expired DL. Not entirely sure stop was legit and can prove history of harassment from OPD.

    A block was illegally placed on my DL by NC (Have proof). While trying to clear it, got stopped solely for expired license. No way ofc could have identified me behind the wheel prior to making stop. Have a history of harassment from local polic...

    David’s Answer

    If you are going to be your own lawyer, start by reading Whren v. U.S - the stop appears to be legal, despite the officer's personal agenda against you. If he ran your tag and the computer indicated that the registered owner's DL was expired, the stop is legit, officer didn't need to ID you prior to the stop. The stop is to determine if the reg owner is the driver.

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  • How to contest "Following Too Closely"?

    I received this ticket on the grounds that if the driver in front of me had potentially slammed on their breaks, there could have been an accident. There was no crash involved and I felt there was a reasonable distance between us. Traffic was not ...

    David’s Answer

    Fight it, but not on your own (that is never a good idea). Hire a local traffic ticket attorney (someone who handles tickets on a daily basis, not just a lawyer who dabbles in it) to help you contest this ticket. There is always the possibility that the ticket will get dismissed.

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  • I have a number of fines in which my license is suspended They have tacked on late charges By law am I required to pay late chrg

    I have unpaid court fines that was sent to a collection agency

    David’s Answer

    • Selected as best answer

    I routinely help my clients that have tickets that are in collection by getting the court to remove them from collections and waive all fees that were tacked on. This saves a lot of money, so you may want to check with a local traffic ticket attorney in your area (not all attorneys who handle traffic tickets have the knowledge to get this done correctly, so do your research and hire someone who knows what they're doing).

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  • How do I know that my attorney has done everything to get me the best possible plea deal?

    I've never been arrested or in trouble EVER. I was in an arguement with a neighbor who was drunk and being verbally abusive to me. I hit her one time. She called the police and I was forthcoming and told them I hit her. I was arrested b/c she pres...

    David’s Answer

    Sounds like a standard negotiated plea for your type of charge, so long as adjudication is withheld. If you feel as though this offer is excessive, you should discuss that concern with your lawyer and discuss the other options available to you (trial, or possibly, PTI).

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  • Battery on child and boldly harm end of story

    Plus if u hit kid with bike why police anit take all the bikes in street for evidence finger prints blood samples stuff lk that why they did not take statements from witness I feel lk they did not properly investigate and because my background the...

    David’s Answer

    Take a deep breath, think through the issues that are bothering you, and then try to formulate it into a question so that the attorneys on here can assist you.

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  • How much time is an inmate looking at if they ran from a 3 Year probation

    Inmate was homeless on probation and left state to go home.

    David’s Answer

    Potentially the maximum sentence legally allowed for the original charge(s).

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  • What is a criminal violation?

    I let my unlicensed boyfriend drive my car to work and he was pulled over for speeding and got a warning and a citation for speeding, I was told to come pick up my car and the officer gave me a paper and told me to sign the bottom then told me it ...

    David’s Answer

    A criminal violation, as opposed to a civil infraction, can result in more significant penalties, including jail time. You should contact a local traffic attorney or criminal lawyer to discuss your case.

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  • What does Plea Entered: NOLO CONTENDERE or NOLLE-PROS Disposition: WITHHOLD ADJDCTN mean?

    I recently received a phone call from HR stating that I lied on my background check because I had answered no to "have you ever been convicted of a felony etc." The representative stated that my record indicated a conviction for a traffic offense...

    David’s Answer

    No contest, nolle pros, adjudication withheld should not count as convictions, but some offenses, like driving while license suspended with knowledge, have administrative convictions, even with a disposition of adjudication withheld.

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  • Is it okay for a 12 year old boy to tell there 6 yr old boy cousin to kiss your bird and if he does it is iilegal

    Hi is it okay for a 12 yr old to tell there 6 yr old cousin to kiss your bird and if he does it without hesitation is it legal if he does it without hesitation and if u look at his bird but don't touch it and look at his tits but don't touch is it...

    David’s Answer

    Sounds like a situation where DCF needs to get involved. No one should be touching minor children in this manner, not even other minor children.

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  • Florida HABITUAL TRAFFIC OFFENDER ? VOP from prior DUI with suspended license charge + previous reckless driving charge.

    Can you be charged as a HTO if charged with: -a reckless driving that was reduced from a DUI (2010) -DUI (2013) - driving with license suspended (2014 in process) Unaware that his license was suspended and the probation was st...

    David’s Answer

    No, a reckless driving charge does not count towards a HTO revocation.

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