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David P. Gilbert

David Gilbert’s Legal Guides

30 total

  • Improper Lane Change - Florida Traffic Ticket

    Under Florida Statute 316.085, the offense of improper lane change is punishable as a non-criminal traffic infraction, which is punishable as a moving violation (3 points). To better understand what constitutes an improper lane change, here is the statutory language from 316.085:...

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  • What is a Traffic Control Device Violation?

    Florida Statute 316.074 "Obedience to and required traffic control devices." (1) The driver of any vehicle shall obey the instructions of any traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a polic...

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  • Attached Tag Not Assigned - Criminal Traffic Violation

    Florida Statute 320.261 states that "[a]nyone who knowingly attaches to any motor vehicle or mobile home any registration license plate, or who knowingly attaches any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued...

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  • Serious Bodily Injury (SBI) Crash Citations

    Within the last decade, the Florida Legislature enacted new legislation which required a mandatory court appearance for "any infraction which results in a crash that causes 'serious bodily injury' of another." Serious bodily injury is defined, in Fla. Stat. 316.1933(1), as "an i...

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  • Careless Driving - Florida Traffic Ticket

    This is a very common citation that is normally issued when a driver is involved in a traffic accident. Florida Statute 316.1925 defines the offense of careless driving as follows: "Any person operating a vehicle upon the streets or highways within the state shall drive the same ...

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  • The Problem with "No Proof of Insurance" Citations

    Whenever you are pulled over by a law enforcement officer, or other individual authorized to issue traffic citations, and you are the owner orco-ownerof the vehicle, Florida Statute Section 316.646(2) requires that you provide the officer with proof of car insurance, upon that of...

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  • Florida Speeding Ticket Basics

    There are two different statutory offenses that encompass the act of unlawful speed. First, you may have received a speeding citation under Florida Statute 316.074(1), which is Failure to Obey Traffic Control Device. Under this statute, the officer is alleging that you failed to ...

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  • What is a Habitual Traffic Offender?

    Under Florida Statute 322.264, a habitual traffic offender is any person whose driving record reflects three or more convictions of any one or more of the following offenses arising out of separate acts within a five year period: Voluntary or involuntary manslaughter resulting f...

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  • Top 4 Things Not to Do When You Get Pulled Over

    Don't Get Out of Your Car Stay put when you are pulled over, I have seen many cases where a driver gets out of his/her car to confront the officer because the driver felt that they were wrongly pulle

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  • Five Reasons to Take Your Ticket To Court in Florida

    I frequently encounter a variety of situations where taking the ticket to court is the only way to avoid points on my client's license. Below are the five most common reasons for taking your ticket to court in Florida.

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