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David P. Gilbert
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David Gilbert’s Answers

337 total


  • Is it possible to get a hardship licenses if you owe money on traffic tickets?

    Drivers license are suspended due to non payment of traffic tickets

    David’s Answer

    You may want to check with your local FLHSMV Bureau of Administrative Reviews (BAR) office to ask what their policy is on this particular issue, but my understanding is that you cannot get a hardship license when you have unpaid fines.

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  • Can a careless driving ticket be espunged or sealed on cdl

    I received a careless driving ticket for accident on cdl. Initially I paid the ticket,later i hired a lawyer to go to court to remove points. I received a judgement of adjudication of guilt,no points. Now I'm having trouble finding work, mvr show...

    David’s Answer

    No, you cannot seal or expunge a civil traffic offense - that "once in a lifetime" process only applies to criminal offenses. However, it is possible to completely remove a prior citation from your record, but it is a very complicated process and not all Judges will allow it. If you or anyone reading this answer receives a citation (especially a crash / accident ticket) and just pay the fine (instead of electing school or taking it to court), and the conviction begins to have a negative impact on your employment or it results in a license suspension, you need to act quickly because the longer you wait to correct the issue, the less chance you have of getting a Judge to grant the motion.

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  • Is it worth fighting camera enforced red light traffic violation?

    I have been issued a notice of violation for $158. I was not able to see the signal light because a bus was passing right ahead of me and it was blocking my vision. can I fight against it? Also if this defense does not work is there any chance to ...

    David’s Answer

    In almost every case, I believe that paying the "Notice of Violation" (NOV) is in the client's best interest since the NOV is not a "real" ticket (UTC) and it will not show up on his/her driving record. This advice only applies to a NOV and not a "Uniform Traffic Citation" (UTC) - there is a big difference and if you do not know if you have a NOV or a UTC, you should definitely consult with an experienced traffic ticket lawyer.

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  • How to get my license back earlier?

    I live in Florida and have a court date arriving for possession of marijuana; under 20 grams (misdemeanor) and possession of controlled IV substance (misdemeanor). I'm guessing my license is going to be suspensed and I'm wondering if there is anyw...

    David’s Answer

    The best way to protect your license from an 893 suspension is to avoid the conviction. If, for some reason, your attorney is unable to negotiate a disposition where adjudication is withheld, then your license would be suspended for a period of ONE YEAR (as of 2014). If suspended, you may apply for a hardship license or for early reinstatement of your full driving privilege after serving SIX MONTHS of your one year suspension. I have included a link to a PDF document that outlines the specific requirements for early reinstatement. Good luck with your case - don't go to court alone, there are plenty of experienced lawyers who will handle your case for a reasonable flat fee.

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  • My Drivers License Was Suspended For 5 For Lack Of Paying Tickets. Is There Anyway That I Can Get My License Back Before The 5yr

    All Tickets Were Either From Driving With Out A License Or No Seatbelt.

    David’s Answer

    Sounds like your license was revoked due to you being classified as a "Habitual Traffic Offender" (HTO). This occurs when an individual accumulates three or more qualifying convictions (example: driving while suspended) within a five year period. In most cases, an experienced traffic attorney can help you remove your HTO revocation and restore your driving privilege, so long as you have no other outstanding issues that would prevent reinstatement. However, no attorney can provide you with a complete assessment of your license situation without reviewing your driving record or at the very least, your driver's license status check (https://services.flhsmv.gov/dlcheck/). If your license has been suspended for reasons other than an HTO revocation and you still have unpaid fines that are preventing reinstatement, you should definitely consult with an experienced traffic lawyer and determine what tickets should be paid and what tickets need to go to court (to prevent collateral consequences, like points-based suspensions, financial responsibility / insurance suspensions, etc).

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  • What questions can help my case during cross examination for careless driving ie; speeding weaving in and out of traffic ect.

    I was in an accident woke up In the hospital and later cited for careless driving. The cop was not a witness but there are multiple civilian witnesses. I have the report and witness statements 4 of the 5 say I was speeding and weaving in and out o...

    David’s Answer

    There is nothing more cringe-worthy than watching a pro se defendant cross examine witnesses in a civil infraction hearing. If you really don't want to hire a lawyer, at least go to the courthouse and watch a few days worth of infraction hearings so you can see why this is a horrible idea.

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  • I received my first speeding ticket and have a clean record but I do not want the points on my license. What do I do?

    I am 28 years old and this is my first ticket. The officer felt bad for me and told me to go to court and dispute it and he would tell the judge I was friendly and cooperated. Dont know if I can trust that and what my options are. Ticket was for g...

    David’s Answer

    You mentioned that you do not want to go to court and that you do not want points on your driving record, which only leaves one option: elect driving school. However, if you hire a reputable (local) attorney who has experience handling traffic tickets in Panama City, you would not be required to appear in court (if you decided to pursue that option). While it is rare for someone to receive points on a first time offense, the Judge has broad discretion and it is definitely a possibility. So, I would recommend you speak with a Panama City traffic attorney before making any decision.

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  • 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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