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David P. Gilbert
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David Gilbert’s Answers

337 total


  • Why did I receive a court subpoena to be a witness?

    I was involved in auto accident late last year. The officer at the accident found the other driver at fault and issued him a ticket. His insurance company also found him at fault and have already had my car repaired. This morning I received a subp...

    David’s Answer

    The individual that received the ticket has likely retained counsel to fight the citation. Even though the insurance aspects of this matter have been resolved, the citation can lead to additional direct and collateral consequences for the Defendant. I fight many accident citations for my clients and there is good reason for doing so. You are being called as a witness because the officer included you as a witness for the case. You are not a party to this case, just a witness - you are being asked to tell your side of the story, there's not much more to it.

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  • Mandatory appearance question.

    Here's the details. -30 MPH + Over the SL ,mandatory appearance. Case reopened from last year due to it never being addressed in a plea deal. - got rid of attorney who was on original case, due to communication issues. -got a new attorney - ...

    David’s Answer

    The arraignment hearing is waived by filing a written plea of not guilty, which your attorney has likely already done. You are not required to attend the infraction hearing so long as you have an attorney appear on your behalf. Hypothetically, if there was an issue at the court date that resulted in an FTA, no warrant would be issued, but a D6 suspension fee would be assessed, which can be paid prior to the suspension going into effect (and the case will be reset for court). If this offense was part of a companion criminal case, many Judges will entertain a motion to merge and dismiss the infraction, but every county is different.

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  • Can I win a case if an officer said they paced clocked me for speeding 55 in a 35 even though his view was obstructed?

    Good afternoon, I was pulled over by a Florida state trooper after turning right on a green light for allegedly speeding. The officer was very rude at first did not know how fast I was going. His partner came one minute later and said he paced clo...

    David’s Answer

    You say that the officer's view was obstructed, but it is highly unlikely that the officer will agree with that statement. This doesn't mean that you can't win, but your chances would increase significantly if you hired an experienced traffic ticket attorney for a nominal fee.

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  • Can I get this ticket dismissed?

    I was coming to a school zone (20 mph) and started to slow down from 45mph, and someone pulled out of a road and cut me off. This is a 2 lane road. I sped up to move into the other lane in order to prevent an accident, without doing so I would hav...

    David’s Answer

    Every ticket has the potential to be dismissed, but only an experienced traffic ticket attorney that routinely handles citations in your local jurisdiction will be able to identify potential viable defenses and legal technicalities. In your case, section 316.074(1) is commonly used for violating a traffic control device, such as a speed limit sign. Generally, this offense carries a significantly lower fine than the unlawful speed statutes. The officer was cutting you a break by writing the ticket under this statute, but that does not mean that you shouldn't fight the charge. Offenses such as unlawful speed or violation of a traffic control device are strict liability offenses, which essentially means that your reason for committing the offense, even if understandable and in the interests of public safety, does not negate the fact that the offense was committed. Speeding up, whether to avoid an accident or to pass a slow moving vehicle, is not a defense to unlawful speed or violation of a traffic control device, but it may help mitigate the sentence imposed by the Court.

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  • I will have court on a dui charge, my bac being 0.108 in tampa, florida. What can the worst-case penalty be?

    I will have court it early july about a dui charge in Tampa, Florida. My BAC test was 0.108 and I'm under 21 yo. There was no accident or any damage from this, not even speeding. But penalties are worse because I am a new driver and under 21 accor...

    David’s Answer

    Now that you have been told the worst case scenario, you might want to make an attempt at getting the best case scenario. With such a reasonable BAC (not too much higher than .08), there is a good chance that your charge can be reduced with the help of an experienced Tampa DUI attorney. If you cannot afford a private attorney, the Court may appoint a public defender to represent you.

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  • My husband and I were on our way back to Florida from a 15 hr trip 2 MD. We have 4 children all of which had on their seatbelt.

    My husband and I were on our way back to Florida from a 15 hr trip MD. We have 4 children all of which were in there seatbelt. My 5 year old was in her booster seat also belted. It was 12:00am and the children were sleeping...we were pulled over f...

    David’s Answer

    All tickets can be fought in court. Every traffic ticket has the potential to be dismissed. However, you should contact an experienced attorney in your local area to discuss this matter further.

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  • Need help !!!

    To whom it may concern, I got pulled over the other day for a seat belt violation. The officer ask if we had any pot in the car and I suddenly said no, he insisted on getting a dog so i confessed and handed him a brown paper bag holding less than ...

    David’s Answer

    Refrain from discussing your case any further on a public forum, such as this website or Facebook, and immediately set up consultations with experienced attorneys in your local area (after researching their qualifications). Sometimes, the best way to find a lawyer for your case is by asking friends or family for a referral.

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  • Need advice on a speeding ticket.

    I got a speeding ticket last Friday in Bradford county for driving at 50 in a 30. The Officer has charged me a penality of $266.00. I would like to know if this violation would add points on my license as i hold a NC license and was convicted in F...

    David’s Answer

    The Driver License Compact (DLC) and the Non-Resident Violator Compact (NRVC) govern the transfer of driving offenses between states - this offense would likely result in a conviction on your NC license if you just pay the citation in Florida, but you may want to check with a NC attorney. A Florida traffic ticket attorney may be able to get this offense dismissed or avoid a conviction, the attorney fee is normally very reasonable, locate an attorney in the county that you received the ticket in and discuss your options with that attorney.

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  • Seat belt ticket in downtown disney parking lot.

    I received a seat belt ticket today by an orange county cop. I was leaving work in downtown disney. I got stopped in the parking lot at a stop sign. There is no street name for where i got stopped since it was part of the parking lot still. On the...

    David’s Answer

    The location on the ticket may be where the offense actually occurred, rather than where the stop occurred. Also, the ticket can be amended (corrected) at any time prior to trial. Contact an Orlando traffic ticket attorney if you are interested in challenging this citation.

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  • What are the chance of beating a speeding ticket involving aircraft/stopwatch on busy highway with common car.

    Me and my girlfriend were heading towards Marion County to enjoy Memorial day weekend with some friends. Traffic was pretty heavy and we were a little late so we might have been going a little fast(around 75-80),but for the most part just keeping ...

    David’s Answer

    The stopwatch is an approved speed measurement device in the State of Florida. Prior to the officer presenting testimony regarding the alleged speed of your vehicle, that officer must first establish that he/she is certified as a competent operator of such device (by present a training certificate to the Court) and that the stopwatch was properly calibrated prior to use. If the stopwatch used was an analog model, the device "shall be tested by a jeweler or watch repair-smith prior to being put into use and it shall be retested by a jeweler or watch repair-smith not less than once each six (6) months thereafter. The jeweler or watch repair-smith shall issue after each test, a certificate dated, signed and witnessed by the jeweler or watch repair-smith showing the degree of accuracy." However, if the stopwatch was a digital model, the device "may be tested by a certified electronics technician" not less than once every six months. Once the officer has established these criteria, a rebuttable presumption regarding the reliability of the device / your vehicle speed is established, which if often difficult to overcome. The majority of these types of cases are not won by attacking the reliability of the stopwatch - they are most commonly defeated on other evidentiary / legal bases. Contact an Orlando ticket attorney to discuss your case - don't try to do this on your own.

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