By Robert Zlatkin
Over this past weekend councilman Peter Filiberto tried to run away from the police on his motorcycle after they tried to pull him over for speeding…
As a defense attorney, the one thing I tell almost all my clients when consulting on a case is to never, under any circumstances run from the police. Palm Bay council member Peter Filiberto seemed to have never gotten that advice. According to Palm Bay Police, late Saturday night, officers saw Filiberto speeding in a motorcycle, and rather than stopping, Filberto took off eventually loosing control of the bike and tipping over.
When Palm Bay officers finally caught up to Filiberto, they asked him to submit to field sobriety exercises. At least here, Filiberto did something good from a defense attorney perspective, he refused. A refusal during a DUI stop can rob the prosecution of crucial evidence when trying to prove your case; such as evidence of an inability to balance,
breath test samples and HGN tests and more. Refusals from our clients often make it much more difficult for a prosecutor. However, a driver must remember to balance the risk with the reward. A refusal comes with a mandatory one year driver’s license suspension curtesy of the DHSMV.
In the end though, for Filiberto, his refusal may not make to much of a difference. After questioning him, police allegedly found 10 grams of cocaine hidden in his shoes and socks. Even I would have a difficult time explaining that away to a jury! Nonetheless, there may be a myriad of other defenses for Filiberto’s legal team to investigate, such as whether or not Palm Bay officers even had enough probable cause to make an arrest and a search of Filiberto.
Filiberto’s future as a council member is certainly at risk. He was eventually charged with 6 alleged crimes including possession of cocaine, DUI and reckless driving. If found guilty, he will most likely face suspension by the Governor and worse. That is why it is so important to have the right legal team for your case.
If you or a loved one have been charged with a crime or a serious felony don’t hesitate to reach out. Our Criminal Defense Attorneys have ample experience handling all types of serious crimes across the State of Florida. Call us today: 352-WIN-4YOU.