David P. Gilbert’s Answers

David P. Gilbert

Clearwater Speeding / Traffic Ticket Lawyer.

Contributor Level 12
  1. I got a driving on suspended licence with knowledge and an open container ticket on the same day

    Answered over 1 year ago.

    1. David P. Gilbert
    2. Jeffrey David Boston
    3. Robert Jason De Groot
    3 attorney answers

    Call the Clerk, if they don't know when it is, go to court at the time indicated on ticket so that you don't end up with a warrant for failing to appear.

    1 lawyer agreed with this answer

  2. Obscured tag citation dismissal??

    Answered over 1 year ago.

    1. Kyndra L. Mulder
    2. Kevin Jeffrey Pitts
    3. Aaron J. O'Brien
    4. David P. Gilbert
    4 attorney answers

    Not enough information for me to answer you, but if you don't want to waste your time, you could always hire a traffic attorney so you don't have to go to court.

    1 lawyer agreed with this answer

  3. Should I have a lawyer go to court for me?

    Answered over 1 year ago.

    1. David P. Gilbert
    2. Ralph Erskine Stevenson III
    3. Stephen Andrew Mosca
    4. Peter J Tomao
    5. Jon Michael Zimmerman
    5 attorney answers

    This may be what certain judges refer to as a "California stop", depending on the Judge, you may be able to beat this in Court. Definitely contact a local traffic attorney to explore your options and determine likely outcomes.

    1 lawyer agreed with this answer

  4. Adult daughter driving a vehicle I still owned, I got the red light ticket

    Answered over 1 year ago.

    1. David P. Gilbert
    2. William David Umansky
    3. Royce Brent Bishop
    4. Barry Franklin Poulson
    4 attorney answers

    If this is a red light camera citation, you only have 30 days from the date of notification to file an affidavit of defense (that you were not the operator of the vehicle at the time of the violation). However, the Court may grant you an extension to file this affidavit considering the fact that you did not receive notice of the violation in a timely manner due to the address discrepancy. Once the affidavit is filed, you will no longer be responsible for the violation and your daughter will...

    1 lawyer agreed with this answer

  5. If my formal review hearing has been continued, can I still drive until the hearing date?

    Answered almost 2 years ago.

    1. David P. Gilbert
    2. Anthony Rubino
    3. Patrick Norman Bailey
    3 attorney answers

    No, your temporary permit will still expire on the date listed on it (see 15A-6.013(1)(b)). If the continuance was requested by the Department (FLHSMV), then you would given a temporary business only permit that would be valid until the rescheduled hearing date.

    1 lawyer agreed with this answer

  6. Why are traffic offenses on a criminal report. Like speeding,not wearing a seat belt. Expired license less than 4 months?

    Answered 2 months ago.

    1. James W Chandler
    2. Eric J Trabin
    3. David P. Gilbert
    3 attorney answers

    Civil infractions will not normally show up on an NCIC background check, but criminal traffic offenses, such as driving while suspended with knowledge will show up. Any criminal conviction will render you ineligible for sealing / expunction. However, a Miami criminal / traffic attorney may be able to remove this conviction by filing a post-conviction motion (depends heavily on local practices), which will enable you to seal/expunge your "more serious case" if that charge is otherwise eligible...

    1 person marked this answer as helpful

  7. I need a lawyer that fights red light traffic citations in Hillsboro ugh County

    Answered 3 months ago.

    1. David P. Gilbert
    2. Majid Vasigh
    3. Jonathan Hackworth
    3 attorney answers

    Red Light Camera Ticket? There are no points associated with this offense, it will not affect your insurance.

    1 person marked this answer as helpful

  8. When I got a florida uniform traffic citation I noticed its a civil infraction. When I look it up at the clerks...

    Answered 4 months ago.

    1. Amber Hill
    2. David P. Gilbert
    2 attorney answers

    The officer who issued the ticket is essentially the "prosecutor" of the traffic case, which is why it is important to have a traffic attorney handle your case. The officer has great discretion as to whether dismiss your ticket or amend the charge to a non-moving offense or a more vague offense with a lower fine. As you could imagine, it would be very awkward to discuss your case with the officer who wrote you the ticket (I have seen pro se defendants try this, the officers don't really work...

    1 person marked this answer as helpful

  9. Why don't police update their radar guns so ticket attorneys stop saying they don't work to get their clients off?

    Answered over 1 year ago.

    1. David P. Gilbert
    2. Jeffrey David Boston
    3. Daniel J. Rose
    3 attorney answers

    Call your local police department for the best answer.

    1 person marked this answer as helpful

  10. Is it ethical that ticket lawyers get their clients off through technicalities?

    Answered over 1 year ago.

    1. Stephen Christopher Brown
    2. David P. Gilbert
    3. Craig A. Epifanio
    4. Jonathan Craig Reed
    5. Paul D Friedman
    5 attorney answers

    Yes, it is ethical to use constitutional principles, administrative rules, statutes, and the rules of evidence to get tickets dismissed.

    1 person marked this answer as helpful

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