David P. Gilbert’s Answers

David P. Gilbert

Clearwater Speeding / Traffic Ticket Lawyer.

Contributor Level 13
  1. What does pretrail diversion rejected/revocation mean

    Answered over 1 year ago.

    1. Eric J Trabin
    2. Corey Ira Cohen
    3. William David Umansky
    4. Mark H Randall
    5. David P. Gilbert
    5 lawyer answers

    Your case is taken out of the PTI/PTD program and it will be set for a pre-trial/disposition hearing in the County Court. In some cases, a criminal defense attorney can get the State Attorney to reinstate your PTI/PTD, which would ultimately result in the charge being dismissed (then it would be eligible for expunction).

    2 lawyers agreed with this answer

  2. I got a ticket for driving with out lights but on the ticket the officer wrote that i was driving with my lights

    Answered over 1 year ago.

    1. Craig A. Epifanio
    2. David P. Gilbert
    3. Andrew Stephen Roberts
    3 lawyer answers

    Maybe, but the officer could amend the ticket (correct the mistake) in court prior to trial.

    2 lawyers agreed with this answer

  3. My lawyer entered a plea of no contest to a traffic ticket without consulting me. Is that legal?

    Answered over 1 year ago.

    1. Heather Morcroft
    2. David B Pittman
    3. David P. Gilbert
    3 lawyer answers

    Ask your lawyer - no one on this website is familiar enough with your case to question your attorney's strategic decisions, but generally, any plea entered on the client's behalf should be entered with the client's authority.

    2 lawyers agreed with this answer

  4. Does toll violations carry points on your license

    Answered over 1 year ago.

    1. David P. Gilbert
    1 lawyer answer

    Under Florida Statute 316.1001, a toll violation is punishable as a civil moving violation. If you pay the tickets, you will get convicted of these offenses and get points assessed on your driving record, which will ultimately result in a points suspension. You need to have a traffic attorney handle these tickets - many times the toll representative will dismiss all or some of the tickets and withhold adjudication (no points) on any tickets that are plead to.

    2 lawyers agreed with this answer

  5. I was arrested for carring 2 xanax pills in Florida. What is the out come for such charge?

    Answered almost 2 years ago.

    1. Christopher Charles Dyer
    2. Dale Christopher Carson
    3. William David Umansky
    4. David P. Gilbert
    4 lawyer answers

    Anywhere from dismissal to five years imprisonment, depending on the weight of the evidence, your prior record, and any viable legal defenses you may have (etc).

    2 lawyers agreed with this answer

  6. What do I need or have to do to get early term off probation?

    Answered almost 2 years ago.

    1. Colleen M. Glenn
    2. Amanda Powers Sellers
    3. Craig A. Epifanio
    4. David P. Gilbert
    5. Joseph Julius Registrato
    6. ···
    6 lawyer answers

    If it is not "auto-term" probation and early termination is permissible, a motion must be filed for early termination of probation.

    2 lawyers agreed with this answer

  7. Define improper passing; reasonable suspicion to initiate traffic stop.

    Answered almost 2 years ago.

    1. Richard Earl Hornsby
    2. Bryan Andrew Lober
    3. David P. Gilbert
    3 lawyer answers

    You were cited for improper passing because the officer is alleging that you didn't use your signal and your actions interfered with the movement of his vehicle. The tint violation could have been discovered after the officer stopped you for improper lane change. If you disagree with the Officer's side of the story, take it to court, but only with an experienced traffic attorney by your side. If you were cited under 316.085(2), the language of the statute reads: "(2) No vehicle shall be...

    2 lawyers agreed with this answer

  8. I was designated as a habitual offender, but am now eligible to receive a hardship license. I work most days at a sign shop...

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. David P. Gilbert
    3. Eric Joseph Dirga
    4. Michael J Silveira
    4 lawyer answers

    Call a traffic attorney in whatever county you received your three qualifying offenses (that triggered the HTO revocation) - a traffic attorney may be able to lift one of your prior convictions, which would remove the HTO from your driving record - as if you never had it. Then you won't need a BPO or SR-22, it's definitely worth looking into.

    2 lawyers agreed with this answer

  9. Can I get points removed off my license?

    Answered almost 2 years ago.

    1. Tracey Lyn Sticco
    2. Dale Christopher Carson
    3. David P. Gilbert
    4. Joshua Stephen Alexander
    4 lawyer answers

    Yes, a traffic attorney in your county should be able to remove the points by filing a motion with the court. The attorney fee should be nominal compared to the potential insurance increases that can result from a conviction on your driving history.

    2 lawyers agreed with this answer

  10. Do traffic ticket attorneys handle cases if you went through a red light and a photo was taken?

    Answered about 2 years ago.

    1. Jeffrey B. Lampert
    2. Dale Christopher Carson
    3. David P. Gilbert
    4. Frank Menendez
    4 lawyer answers

    Some do, some don't. I handle many tickets in the Tampa Bay area and I generally will not handle these tickets. Contact a traffic attorney that is located in Boca Raton and see if they are having any luck getting these dismissed - but be aware that the fine increases significantly if you decide to challenge the citation or fail to pay the "notice of violation" (the one with pictures on it) within 30 days.

    2 lawyers agreed with this answer

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