Skip to main content
David P. Gilbert
Avvo
Pro

David Gilbert’s Answers

330 total


  • If the officer who issued me a speeding ticket, did not sign the ticket as well as I didn't, do I have to pay for this ticket?

    I was pulled over in Kissimmee FL where I live. The officer issued me a ticket for speeding, 9 over the speed limit. The ticket looks like it was printed out and he did not ask me to sign it, nor did he sign it. I would like to know how or if I ca...

    David’s Answer

    Civil infractions are not required to be signed unless the offense requires a mandatory court appearance (30+ over the limit, SBI, fatality, littering). Although the lack of signature is not a valid defense, you may still have a valid legal defense to this citation. However, you should contact an experienced traffic ticket attorney rather than handling this on your own because only an experienced attorney who regularly practices in your local traffic court will know the effectiveness of various legal arguments with the particular Judge / Magistrate that will be presiding over your case.

    See question 
  • Is there a way to get a list for the most affordable Traffic Attorney in Jacksonville FL.?

    I need an attorney to help me get my license back, but I don't have a lot of money. If you are an affordable lawyer please comment and I will e-mail you. Thank you!!

    David’s Answer

    • Selected as best answer

    You may end up paying the most affordable attorney a non-refundable fee and end up in the same position, if that cheap attorney doesn't know what he/she is doing. Generally, the fees quoted by reputable and experienced lawyers are much less than the insurance premiums that you will pay over the next decade due to being classified as a habitual traffic offender.

    See question 
  • Can incorrect info such as your race, deem the ticket defective? Dismissable?

    It's a speeding ticket, didn't notice til after the citation was issued. I mean no one really sits in their car and reads it right then and there. Didn't ask me my race, I guess he just assumed.

    David’s Answer

    There may be an issue if the officer testifies that the driver was caucasian, when in fact, the driver was african-american. However, Rule 6.455 of the Florida Rules of Traffic Court, permits the officer to amend (or correct) any information on the body of the citation at any time prior to the hearing commencing. After handling thousands of tickets, I believe it is safe to say that anything is possible and that goes both ways (in favor of the defendant or the officer). If you are truly interested in fighting this citation, it would be best to hire a reputable and experienced traffic ticket attorney to handle this for you.

    See question 
  • I have a toll ticket.My license was suspended. I never received notice. How do I fight

    i M GOING TO COURT TODAY

    David’s Answer

    If today is your arraignment hearing, the Judge or Magistrate may offer you a deal, but it is important that adjudication is withheld because this offense carries points, as it is a moving violation. Often times, an experienced ticket attorney who frequently deals with the DOT toll enforcement officer may be able to negotiate a disposition that results in your ticket being dismissed or greatly reduced, but this is only done at the infraction hearing (not the arraignment).

    See question 
  • Do I need to apply for a hardship license, or can I get my driver's license reinstated?

    In 2007 I got several speeding tickets resulting in 12 points within 12 months. I've had all of them plus court costs paid off since 2011. Shortly after paying everything off I received a letter saying I have a 5 yr. suspention on my D.L. I though...

    David’s Answer

    Your issue is likely related to the accumulation of points and serious traffic offense convictions, which resulted in a habitual traffic offender revocation. The best thing you can do is contact an experienced Florida attorney who routinely removes points-based suspensions and habitual traffic offender (HTO) revocations. Generally, you will save a substantial amount of money once these suspensions are removed because you will no longer be required to carry SR22 insurance and your record will have less points on it. No attorney can guarantee that they will be able to successfully remove these suspensions, but a resourceful traffic attorney can likely get the job done quickly (I recently removed a HTO revocation in four days, but my normal turnaround is two to four weeks - there are a lot of player involved in this process - > your attorney, the clerk, the Judge, the DMV). You can verify your suspension issues by visiting the link below, you may also pull your driving record from several online vendors.

    See question 
  • Have a business DL and was pulled over and given a speeding citation and a improper use of a business DL criminal violation

    I am serving one year probation for reckless driving and disorderly conduct, .The tickets I currently received were in Hillsborough county, I Live in Polk county and my probation is in Orange county. I don't know whether to report to my probation ...

    David’s Answer

    A criminal traffic offense is a sufficient basis to find that a Defendant has violated the terms and conditions of probation, specifically, the requirement that the probationer "live without violating any law." See Cox v. State, 816 So.2d 160, 160–61 (Fla. 2d DCA 2002). You should tell your probation officer ("PO") about your situation, but I highly recommend that you hire (or at least consult with / put on speed dial) an experienced Orlando VOP attorney prior to having that conversation with your PO. The best way to find a lawyer that you can trust is to get a referral from someone close to you (that you trust).

    See question 
  • A 5 lane offset school intersection of Highway 17-92 and 18th I was ticketed for a right turn onto 17-92 during school hours.

    School side is 20ft. to the left from my forward facing view with 5 lanes, the center lane is a left hand turning lane . Officer stated i could go left or straight but not a right ; which on the stop a sign did say for certain times like before a...

    David’s Answer

    Sounds like a violation of 316.074(1), which you just proved beyond a reasonable doubt. For the most part, traffic violations are strict liability offenses, which means that your reason for committing the offense is not a defense to the charge, but in certain situations, your justification may mitigate the penalty imposed by the Judge or Magistrate. If you wish to challenge this citation based upon a flaw with the design of the roadway / signage, read the entire MUTCD and compare it to the design as it was on the date of the offense. In reality, your best option for this citation is to either elect school (if you are eligible to do so and you don't mind wasting 4+ hours of your life learning things you already know) OR hire a local traffic ticket attorney who regularly practices in your local traffic court, which may result in the ticket getting dismissed or no points being assessed without school being required.

    See question 
  • Had an illegal traffic stop

    Got pulled over with no probable cause got harnessed first said I was in a hit n run three people so call called his personal phone check my car then he said their is no damage so it's not not me then he asked if I was drink n I said no n. Gave hi...

    David’s Answer

    From the way that you are typing and the pain management references, I recommend that you consult with an attorney to verify that your charge has in fact been dismissed prior to going on with your life. I tried to look up your case online (because you provided sufficient enough information to figure out who you are), but your case is not showing up on the Clerk's website yet. The Volusia CJIS indicates that you had a $150.00 bond for your DWLS charge and that you were released from custody, but that's all that I can find.

    See question 
  • Why does my driving record say Habitual Traffic Offender? I was only charged and convicted of DWLS and FLEEING AND ELUDING??

    part of my plea deal was that my license will only be revoked for 1 yr. my udnertanding is that I ahve to get 3 dwls or duis and I will be HTO. I only have 1 dwls and one fleeing and eluding, is the dmv wrong? thank you for any help.

    David’s Answer

    It is possible to get the HTO lifted, contact a reputable traffic attorney in Miami to get the process started. It can take anywhere from one week to several months, depending on the speed of the players involved (your lawyer -> the Clerk - > the Judge - > the DMV).

    See question 
  • Can a hearse, with a dead body inside, drive in the Florida HOV lanes?

    Children and infants are allowed in all HOV lanes, which implies that the law is not just for driving age occupants. Florida law states that an auto cannot be driven in the HOV lane without the minimum number of occupants. In most dictionaries, th...

    David’s Answer

    According to Florida Statute 316.1974, a hearse, during a funeral procession, is transporting "the body of a deceased person." Clearly, under that statute, there is a differentiation made between the physical body and the person. Once a person is deceased, all that remains is his/her body, but not the person. Also, the purpose of the HOV lanes is to reduce traffic congestion and the resulting pollution by encouraging car-pooling and the use of high efficiency vehicles. The law exists to benefit living people and I do not believe that t"he body of a deceased person" would fall within the definition of an "occupant." However, I am sure that there are several experienced ticket attorneys in your local area who would be able to effectively defend you in the event that you receive a citation for this offense.

    See question