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David P. Gilbert
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David Gilbert’s Answers

330 total


  • Can a police officer give me a ticket from driving behind me and clock me while driving?

    This police officer clocked me at 68 while the officer was parked and followed me, and when the police officer pulled me over, the officer said I was getting another ticket from driving behind me and clocking me at 74. Also, if anyone knows what ...

    David’s Answer

    To answer your question regarding whether you can be pace clocked - the answer is yes. An officer can cite you for unlawful speed by pacing your vehicle and relying on their speedometer to obtain a reading of your speed. Is this 100% accurate? No, but the law only requires that the officer provide a copy of his/her training certificate and his/her speedometer calibration log (req. every six months) in order to establish a rebuttable presumption of your vehicle's speed, which is difficult to overcome unless there are defects in the officer's documentation or you have better evidence to the contrary. An even better answer to your question is: Hire an Experienced Traffic Ticket Lawyer.

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  • Should I plead not guilty for this speeding ticket?

    I recently moved to Orlando, FL with the NY license plate. I was driving with the traffic and I got pulled over because I was doing 64 mph in 55 mph speed limit. I am fined $129 and 3 speeding violation points. I have a FL license but a NY license...

    David’s Answer

    As you may be aware, Florida moving violations have little effect on NY driving records, but since you have a Florida license, it is important that you either obtain a dismissal or a disposition of adjudication withheld (no points, no conviction). You may be eligible to elect driving school for this offense, which results in no points being assessed to your record (adjudication withheld). However, you must follow the steps to properly elect the driving school and also, complete it in a timely manner. Your other option is to hire a traffic attorney who will appear in court on your behalf and by doing so, you have an opportunity to get the ticket dismissed or else, the typical outcome is often "no points, no school" and the face-value fine (what's on the ticket). As for your NY license plate - if the vehicle is registered in your name and you are now a Florida resident, you could be committing a misdemeanor offense by not converting your registration to a Florida registration within 10 days of becoming a "resident" (see Section 320.38, Florida Statutes) - and that is a second degree misdemeanor, so you should fix that ASAP if you don't fall under one of the exceptions.

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  • If your criminal record is SEALED AND/ OR EXPUNGED and a job application for a hospital ask Have you ever been convicted?

    If adjudication was withheld on your case and you plead no contest and a job application for a hospital ask, Have you ever been convicted by Federal, State, or other law enforcement authorities for any violation of federal law, state law, county...

    David’s Answer

    Don't be fooled by the word "conviction" - their definition goes well beyond the traditional legal definition and includes almost all dispositions. Even if you've sealed or expunged your criminal record, you should be honest about the existence of the arrest/charge because they likely have resources to discover the records, even though they have been removed from the Clerk's and arresting agency's records. Also, certain job positions require disclosure, including many healthcare positions (teaching positions, legal positions, etc).

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  • My traffic ticket number shows a different case. What to do?

    Hello I have traffic citation for a violation of traffic device. However when I look up on miami dade county clerk website the case number it shows a different case from another person already closed. I looked by defendant and driver license numbe...

    David’s Answer

    Check your 0's and O's - but I've recently had a similar situation where a client's citation was not properly transmitted from the officer's computer and got lost in space - a few months later, the citation number appeared on the Clerk's site, but it was assigned to a different defendant. So, I wouldn't go encouraging the officer or the Clerk to correct this issue, it could result in your ticket never being filed, although you'll never have closure (the ticket could appear somehow at some point in the future). You should contact a reputable traffic attorney in your local area to handle this for you.

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  • Can police offers issue out citations in mc donalds parking lot

    I received a ticket in a mc donalds parking lot and i wanted to know if it was legal to do so

    David’s Answer

    Some Judges will dismiss a civil infraction that was issued on private property (even when it is open to the public) when there is no evidence of a valid enforcement agreement between the property owner and local law enforcement, but generally, if the parking lot is "open to the public" then the officer can usually lawfully issue a civil infraction.

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  • Should a speeding ticket with adjudication withheld affect my insurance??

    I'm shopping for insurance and am noticing higher rates than I expected, and when I walked into a local office she told me that there was no reason for other companies to be charging me $800 for the policy she offered me for $470 unless something ...

    David’s Answer

    Florida statute 626.9541 does permit insurance companies to raise rates for exceeding the lawful speed limit by more than 15 miles per hour, but the statute also indicates that “no insurer shall impose or request an additional premium, cancel a policy, or issue a nonrenewal notice on any insurance policy or contract because of any traffic infraction when adjudication has been withheld and no points have been assessed.” While we have no control over the insurance companies and their internal decisions, the law is arguably clear in that insurance rates, for the current policy period, cannot increase when adjudication is withheld, unless the offense resulted in an accident and the insurance company has paid a claim (which isn’t the case here).

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  • If your friend accidentally shoots you with his pistol while intoxicated, did he commit a crime? Stupid accident.

    Both drinking, cleaning the pistol.

    David’s Answer

    Your friend needs to contact a criminal defense attorney and keep his mouth shut. You should contact an injury attorney.

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  • I pass a police officer and he did not like it , careless driving ticket issued , 153 dollar fine , i don't want have points ?

    i was in courtney campbell beach on my way home ,i passed an slow SUV and was a police officer he do not like it and he give me a ticket ,i have a clean licence and class A and not record, I DONT WANT TO HAVE POINTS ON MY LICENCE,HELP PLEASE

    David’s Answer

    I've handled thousands of tickets in the Tampa Bay area and in my opinion, the best way to fight this ticket is to hire a reputable and experienced traffic lawyer - definitely do not handle this on your own (could potentially get a very harsh sentence, depending on what the officer says in court). With the right lawyer, you will likely avoid the points (if the ticket isn't dismissed completely). Whenever an officer is upset/irritated when issuing a ticket, you need to have an attorney who can either smooth things over with the officer or one who can talk to the Judge directly to try to obtain a "no points, no school" outcome (pre-hearing).

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  • I need help on a speeding ticket.

    i got a speeding ticket today im 21 un employed and need some way of making money to pay off the ticket plus taking driving class to get the point taken off my license. the ticket is a 243 dollar ticket

    David’s Answer

    There's plenty of ways to make money to pay off your ticket and pay for the school. If you can't get a job, make one. Walk your neighbor's dog, drive for Uber or Lyft (if it is legal in your area, check local laws first), babysit your cousin's sister's daughter, start a fitness bootcamp (or a crossfit gym using heavy trash items), be a street performer. Panhandle (where permitted) with a sign explaining your situation, you would probably make enough in one day to pay the ticket and go to a nice restaurant too. Don't let pride get in the way of taking care of business.

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  • What happens with a Vop for dirty urine for cocaine?

    My bf made a stupid mistake. He used a bit of cocaine for a toothache. First violation. His orginal charge was felony battery , what are our options?

    David’s Answer

    You should contact an attorney who has experience dealing with felony violations of probation in Pinellas County (or whatever county this case is in). This technical violation may result in his probation being modified, reinstated, or revoked (adjudicated guilty) - he may also be sentenced to up to five years in prison. You need to contact a reputable criminal defense attorney (or if you cannot afford a private attorney, contact the public defender's office).

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