David P. Gilbert’s Guides

David P. Gilbert

Clearwater Speeding / Traffic Ticket Lawyer.

Contributor Level 13
  1. Florida Texting and Driving Offense - Effective 10/1/2013

    Written by attorney David Gilbert, 10 months ago.

    According to the National Safety Council, texting and driving results in over one million traffic crashes each year and some studies indicate that nearly 25% of crashes are the result of cell phone use. As a result of these studies and other similar statistics, the Florida Legisl...

    3 people found this Legal Guide helpful

  2. Florida Rules of Traffic Court: A Few Important Rules to Know

    Written by attorney David Gilbert, over 1 year ago.

    If you plan on defending yourself in one of Tampa's traffic courts, (which I wouldn't recommend) you should be familiar with the rules of the court, as well as the statute that you have allegedly violated. The Florida Rules of Traffic Court can be found online (for free) on the F...

    2 people found this Legal Guide helpful

  3. Florida "Aggressive Careless" Traffic Offense

    Written by attorney David Gilbert, about 2 years ago.

    In Florida, the term "aggressive careless" was simply a phrase and nothing more. You could not receive a ticket for this offense, but an officer could check the aggressive careless box on the body of the citation. The checkbox was placed on the citation to keep track of the numbe...

    2 people found this Legal Guide helpful

  4. Admissibility of Radar / Laser Evidence in Florida Speeding Ticket Cases

    Written by attorney David Gilbert, over 2 years ago.

    Before an officer can establish your alleged speed in court, the officer must first provide evidence of the following: That the speed measuring device used in obtaining evidence of your motor vehicle's speed is of a type approved by the Department of Highway Safety and Motor Veh...

    2 people found this Legal Guide helpful

  5. Can you refuse to sign a Florida traffic ticket?

    Written by attorney David Gilbert, over 2 years ago.

    Under Florida Law, it is a second degree misdemeanor towillfullyrefuse to accept and sign a summons / traffic citation, when the offense charged is either acriminal traffic offenseor a civil traffic offense that requires amandatory court appearance. Examples of these offenses are...

    2 people found this Legal Guide helpful

  6. Following Too Closely Traffic Ticket - Florida Statute 316.0895(1)

    Written by attorney David Gilbert, over 2 years ago.

    Florida's "Following Too Closely" statute states that "[t]he driver of a motor vehicle shall not follow another vehile more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway." Often ti...

    1 person found this Legal Guide helpful

  7. What's the difference between a "no contest" plea and a "guilty" plea in Florida traffic court?

    Written by attorney David Gilbert, over 2 years ago.

    Whether you have hired an attorney or you are fighting your ticket on your own, a "not guilty" plea must be entered in order for your case to be set for an evidentiary hearing (trial date). This plea may be entered in writing by your attorney or you may attend an arraignment hear...

    1 person found this Legal Guide helpful

  8. Florida Traffic Law: License Suspension / Revocation, what's the difference?

    Written by attorney David Gilbert, over 2 years ago.

    According to the Florida Department of Highway Safety and Motor Vehicles, "[a]suspension is a temporary withdrawal of the driving privilege for an unspecified time,such as a suspension for failure to pay a traffic fine. Once the fine is paid the suspension maybe lifted." However,...

    1 person found this Legal Guide helpful

  9. Florida Speeding Tickets: How can the officer "prove" that I was speeding?

    Written by attorney David Gilbert, over 2 years ago.

    In 2010, there were over 300,000 speeding citations issued in the State of Florida. While many people simply elect to pay their citation and take the points (or choose driving school, if eligible), it is important to remember that approximately 28% of all speeding tickets issued ...

    1 person found this Legal Guide helpful

  10. Florida "Improper Backing" Traffic Ticket

    Written by attorney David Gilbert, over 2 years ago.

    Under Florida Statute 316.1985(1), "[t]he driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic." In addition, Florida Statute 316.1985(2) prohibits drivers from backing their vehicle "upon any shoulder...

    1 person found this Legal Guide helpful

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