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David P. Gilbert
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David Gilbert’s Answers

337 total


  • How do I fight a misuse seatbelt violation (under your arm)

    My seatbelts sit very low on my convertible, so low that they don't fit right over your collarbone , if I put them over they restrict my arm on the steering wheel so I put it under my arm

    David’s Answer

    Either you are not wearing your seatbelt properly or your vehicle's seatbelt assembly does not comply with Federal Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208. Both scenarios are a violation of 316.614 and it is unlikely that you will prevail as a pro se defendant. Just pay the ticket and correct the issue with your seatbelt assembly, it could save your life.

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  • What kind of paper do I need to file a motion to go in front of a judge to have him get my tickets out of collections?

    please help I am trying to get my license back I have to pay 4000 to get it back but I don't want to be hibitualized again after paying someone said I could go in front of a judge and have them take it out of collections, just don't know what the ...

    David’s Answer

    Get that green paper and call an experienced attorney who will get the job done correctly on the first attempt.

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  • If police stop my vehicle for a minor infraction and find a small amount of drugs but I received no citation for what they claim

    to have stop me for and I was never mirandized before they began to search my vehicle or at all until I was booked in do I have grounds for the case to be dismissed

    David’s Answer

    The short answer to your question is no. The officer's failure to write a citation for the alleged traffic offense does not render the traffic stop illegal, nor does the officer's failure to read miranda render the search illegal. However, you may still have a viable legal defense to this charge, but you cannot fight this on your own. Contact a local criminal defense attorney to discuss your case.

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  • Should I fight a seat belt ticket if i cannot find out what the exact court costs will be?

    I was pulled over in North Port FL. and was cited for seat belt ticket. I want to fight it, but the court cannot tell me what court costs if any will be assessed. I would like my case to be heard, but the fine is $106 and i dont want to pay up t...

    David’s Answer

    No....Why don't you find out when the traffic court is in session and watch other people get hammered rather than actually setting your own case for hearing.

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  • My License is suspended and im habitual traffic offender, what can i do???

    i had two civil dwls and one criminal dwls, pled guilty to all of them and received an HTO letter in the mail. i then hired one of those traffic ticket firms to do a motion to set aside convition and do a with hold on one of the civil dwls and i j...

    David’s Answer

    Hire a lawyer who routinely resolves HTO revocations in your local area. Ask the attorney how many cases they have handled and how many times they were able to get the HTO lifted. Don't try to do it yourself.

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  • Can the police force you out of traffic court to let some one off??

    lot 39 ram my truck and almost killed me as I was stating to get out of my truck.instead oof parking between the line she park across them.they gave her a ticket for improper backing. went to court and the female police officer stoped from talking...

    David’s Answer

    From the limited information that you have provided, my guess is that the ticket was dismissed due to a lack of jurisdiction because the accident occurred on private property and no valid enforcement agreement was in effect.

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  • My license is suspended for 5 years what will happen if I get caught driving?

    My license got suspended after I paid my tickets for driving while license suspended

    David’s Answer

    You would likely face a felony driving while license suspended charge, which carries a potential penalty of up to five years in prison and up to $5000 fine. From the limited information that you provided, it appears that your HTO (five year revocation) was the result of civil infraction convictions. If that is the case, an experienced traffic attorney in your local area should be able to get your license reinstated within four to six weeks (sometimes only one week), so long as you have no other suspensions on your license. If you continue to drive while suspended, you will likely be caught, so do yourself a favor and immediately hire an attorney to reinstate your license.

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  • If the officer who issued me a speeding ticket, did not sign the ticket as well as I didn't, do I have to pay for this ticket?

    I was pulled over in Kissimmee FL where I live. The officer issued me a ticket for speeding, 9 over the speed limit. The ticket looks like it was printed out and he did not ask me to sign it, nor did he sign it. I would like to know how or if I ca...

    David’s Answer

    Civil infractions are not required to be signed unless the offense requires a mandatory court appearance (30+ over the limit, SBI, fatality, littering). Although the lack of signature is not a valid defense, you may still have a valid legal defense to this citation. However, you should contact an experienced traffic ticket attorney rather than handling this on your own because only an experienced attorney who regularly practices in your local traffic court will know the effectiveness of various legal arguments with the particular Judge / Magistrate that will be presiding over your case.

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  • Is there a way to get a list for the most affordable Traffic Attorney in Jacksonville FL.?

    I need an attorney to help me get my license back, but I don't have a lot of money. If you are an affordable lawyer please comment and I will e-mail you. Thank you!!

    David’s Answer

    • Selected as best answer

    You may end up paying the most affordable attorney a non-refundable fee and end up in the same position, if that cheap attorney doesn't know what he/she is doing. Generally, the fees quoted by reputable and experienced lawyers are much less than the insurance premiums that you will pay over the next decade due to being classified as a habitual traffic offender.

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  • Can incorrect info such as your race, deem the ticket defective? Dismissable?

    It's a speeding ticket, didn't notice til after the citation was issued. I mean no one really sits in their car and reads it right then and there. Didn't ask me my race, I guess he just assumed.

    David’s Answer

    There may be an issue if the officer testifies that the driver was caucasian, when in fact, the driver was african-american. However, Rule 6.455 of the Florida Rules of Traffic Court, permits the officer to amend (or correct) any information on the body of the citation at any time prior to the hearing commencing. After handling thousands of tickets, I believe it is safe to say that anything is possible and that goes both ways (in favor of the defendant or the officer). If you are truly interested in fighting this citation, it would be best to hire a reputable and experienced traffic ticket attorney to handle this for you.

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