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David P. Gilbert

David Gilbert’s Answers

325 total


  • 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).

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  • 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.

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  • 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.

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  • 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).

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  • 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.

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  • Getting information from the courts to the jails

    Yesterday afternoon my boyfriend went to court for driving without a license notice to appear. He's already on probation for a petit theft charge. All misdemeanors. In court yesterday he was taken into custody for VOP as we expected. A female HCSO...

    David’s Answer

    Press CTRL+R repeatedly on the HCSO website until you see the bond update, or contact an attorney who may be able to expedite this process.

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  • Will a traffic attorney help with a citation received for unlawful speeds?

    I received a citation. It says unlawful speed of 95 in a 55. I was not fined but am required to set a court date within 10 days. What is the likely outcome in court? Points? Suspension? If it helps any I got a citation almost a year ago for travel...

    David’s Answer

    Only an experienced Tampa ticket attorney can effectively represent you on this offense. Hiring a knowledgeable and reputable Tampa speeding ticket attorney will likely result in a more favorable outcome than if you represented yourself. I've handled thousands of tickets in the Tampa area, including 30+ over and 50+ over speeding offenses. This is what I do, every day.

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  • How does the state of florida prove that the liquid in an open container is in fact alcohol? and could this be a defense?

    I was issued a ticket for open container. It was a clear glass with bourbon inside the cup-holder in my car. I plan on contesting the citation because the officer has no way of proving that it was in fact alcohol. I can not believe that officers ...

    David’s Answer

    Officer: "I smelled a strong odor of alcohol coming from the passenger compartment and observed a cup in plain view that contained a liquid substance, which, from my training experience, appeared to be an alcoholic beverage, based upon the strong odor emanating from it."

    Judge: "Based upon the evidence, I find that the offense did occur, [enter penalty]"

    You: "But,... but...."

    Hire an attorney and stop making admissions on the internet.

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  • Will a lawyer represent me in a hearing for a citation?

    I had an accident in Duval on April 17th, I was hurt by the accident and send to the hospital, when the cop saw me, he gave me a citation for careless driving, but the accident is not my fault. The guy before me stopped in the middle of the highwa...

    David’s Answer

    Yes, a lawyer can appear on your behalf at a civil traffic infraction. You can also present your side of the story via an affidavit of defense, although this is not necessary in most cases. When choosing an attorney for your case, look for a reputable and experienced traffic ticket attorney who regularly practices in your local jurisdiction.

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  • I have a cdl license and recd. a citation for violation of right of way sould i pay this and then petitone the court to withhold

    adjudication and maybe get to atraffic collision course? thank you for your help

    David’s Answer

    No, if it was that easy, I would have quit being a traffic lawyer several years ago. Recently, the Florida Dept. of Highway Safety and Motor Vehicles ("FLHSMV") released a memorandum, which explicitly states that FLHSMV will no longer accept a disposition of "adjudication withheld" for citations issued to CDL holders. Many counties are abiding by this memo and forbidding withholds for commercial drivers, regardless of whether the ticket was received while operating their personal vehicle. However, a competent and experienced traffic attorney that regularly practices in your local area may be aware of certain strategies to circumvent this mandate completely, or at the very least, get the offense amended to a non-serious traffic violation, which would not count towards a CDL disqualification. Contact an experienced traffic ticket attorney in Lake Panasoffkee to fight this for you.

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