Skip to main content
David P. Gilbert
Avvo
Pro

David Gilbert’s Answers

337 total


  • Hi my boyfriend had his identity stolen a while ago the person who did this has gotten traffic tickets all over the place

    even in new york ..due to that his license is suspended ,, he is cuban his resident card is about to expire but with an expired license he is unable to renew that , soon he will be unable to work because his resident card will be no good . ..so i...

    David’s Answer

    Make sure that the identity theft is well documented by contacting law enforcement and getting a written report made. This is definitely is very complex matter - you should consult with a local attorney to determine all of the issues and how to address them.

    See question 
  • Can a red light UTC be prosecuted if alleged violator does not sign for or collect the certified mailed UTC. state of Florida?

    Missed deadline to pay red light camera infraction and now it has turned into UTC. Has not been served yet, If it is not collected and signed for at usps can case move forward ? thanks for reply.

    David’s Answer

    The only thing you are going to accomplish by avoiding the mailman is getting your license suspended, which will result in more financial penalties and potentially, a criminal charge, if caught driving while suspended.

    See question 
  • I have a FL traffic ticket for 322.03(5) and a court date in a few days. I would like to know what are my options here.

    Unfortunately I can't renew my Drivers License before the court date. This is my second offense. The last time I received a verdict W/H? I don't know the meaning of this and paid a fine. Thank you in advance.

    David’s Answer

    Generally, the Judge will be less lenient on a second or subsequent offense for driving without a valid license (NVDL). It's even worse when you cannot obtain your license prior to resolving the charge. Your first charge resulted in a disposition of "W/H" and fine, which means that the Judge withheld adjudication. The opposite of "W/H" would be "G" (on the disposition sheet), which means that the Judge formally found you guilty of committing the offense (convicted you). You need a lawyer for this charge, either a private attorney or a public defender. If you are able to obtain your license within the next four to six months, your attorney will normally be able to continue the case in order for you to get the license. If you get your license, the Judge will be a lot nicer.

    See question 
  • Is this legal? I feel like its extortion!

    I was recently pulled over for "suspended license" due to lack of insurance during the pullover I presented documents proving while owning the vehicle I've always had active insurance. The officer seized my license and wrote a ticket i cleared my ...

    David’s Answer

    If the suspension was due to an FR Cancellation suspension and your insurance company erroneously notified the "DMV" that you no longer had insurance coverage, you may be able to recover the costs you have incurred as a result of their error. However, the time and energy that you would put into this may not be worth it and there is no guarantee that this will work in your favor.

    See question 
  • If I refused to take a breath test for DUI can I waive my right to a formal hearing and avoid 90 days "hard-time" in Florida?

    I got pulled over and subjected to field sobriety tests in the state of Florida but refused the breath test. A lawyer told me that I would be eligible for a waiver of a formal hearing if I was enrolled in DUI counterattack without serving 90 days...

    David’s Answer

    It does not seem like you have read the relevant statutes before making your conclusion that the lawyer told you something that was untrue. Well, you're wrong and the lawyer was right, but you only have 10 days from the date of arrest to waive the hearing (show proof of enrollment in DUI school) and get the hardship license or else you will have to do the 90 days hard time.

    See question 
  • If I choose to waive my right to a formal review hearing, can that be used against me as a submission of guilt in court?

    I was pulled over and my officer asked me to perform a series of field sobriety tests. When asked if I would consent to a breath test, I refused. A lawyer told me I could waive my right to a formal review hearing but after doing some research I di...

    David’s Answer

    There are many reasons for waiving the formal review hearing, but a client's guilty conscience is not one of them. That being said, waiving your right to the formal review hearing would likely not be used against you in court. Even if the State tried to present it as evidence, it is not relevant and its probative value (if any) is greatly outweighed by the danger of unfair prejudice. In light of all of the other evidence that is typically available in DUI cases, it would seem far fetched that the State would need to resort to using this as evidence. It all comes down to whether you can afford to lose your ability to drive for 90 days (due to refusal, no hardship until 90 days no driving), if you can, then don't waive the hearing, fight it.

    See question 
  • If I ask for Jail time because I cant pay fines in DUI case will it be full 6months?

    I have never had a speeding ticket.. Had an accident (no other cars involved/no one hurt) first offense ever in my life and hopefully last but I can't afford attorney and I do not qualify for a PD do to me co-owning on a house. State is already se...

    David’s Answer

    The minimum DUI penalties cannot be modified by the Judge, except in limited circumstances. The fine is mandatory unless your charge is reduced, dismissed, or you are acquitted. Your best option is to hire an experienced Sarasota DUI attorney, but if you cannot find an affordable one in your area, you may want to look for an attorney in Tampa who is willing to make the drive down there - I think you will be able to find one to represent you at a more affordable rate, if that is your main concern.

    See question 
  • I received a traffic citation for 316.126(1)(b) the move over law, 2 days ago.

    I had absolutely whatsoever no idea that this law existed. After 9/11 (I was there in NY), I stopped watching, listening to or hearing about the news. I was never sent anything from FL motor vehicle advising me that there was a new law - and was i...

    David’s Answer

    Too often, I talk to individuals who received incorrect legal information from DMV employees, clerk's office employees, and even law enforcement officers. Never rely on legal information or legal advice provided to you by a non-lawyer.

    See question 
  • Will I go to jail for this...?

    I was pulled over today for driving on a suspended license that I did not know was suspended due to a child support issue that was fixed by itself. I switched employers and my payroll deduction missed the date, but child support enforcement releas...

    David’s Answer

    No lawyer can provide a definitive answer to this question. Even if a particular lawyer has substantial experience in your local courthouse, the Judge may wake up with a new attitude towards these types of offenses and lawfully sentence everyone to jail time. However, you may be able to avoid court and resolve this citation through the clerk's office by using an election and showing proof of compliance, see Florida Statute 322.34(11)(a) for details. If you cannot figure out how to complete that process, or if you are unable to do so (no available elections), you need to hire an attorney or get a public defender to represent you. You have a good case because the element of "knowledge" would be difficult for the State to prove, unless there was an admission made by you during the traffic stop (no rebuttable presumption of knowledge in financial responsibility cases).

    See question 
  • Can i get my license if i got a ticket on my permit, but i went to court and the ticket got dismissed?

    The court fee is paid, and the ticket was dismissed i was proved not guilty and there will be no points on my license.

    David’s Answer

    This ticket should not affect your ability to obtain your license. You can verify the status of your driver license (or learner's permit) at www.flhsmv.gov/dlcheck

    See question