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Enrico Salvatore Leo

Enrico Leo’s Answers

33 total

  • DUI amendment to Neg 2

    1) If a DUI charge was amended to Neg2 (traffic infraction), will the next DUI be considered a second offense. 2) Also, for a DUI amended to a Neg2, will it show as criminal charge in my public record when employers a background check or will it ...

    Enrico’s Answer

    If a criminal charge (DUI) is reduced to an infraction (Negligent Driving 2nd Degree) it cannot act as a prior for future mandatory penalties. Having said that, both the prosecutor and the judge will be very aware of the first offense and will absolutely take it into consideration when making plea offers and or imposing a sentence.

    Whether or not a potential employer is able to see a record of a potential employee is all going to depend on the nature of the search and how extensive it is. I always recommend to clients that honesty is the best policy. Technically, the correct answer may be that one has not been convicted of a crime. However, I always tell clients that they should be upfront and explain what they were orginially charged with and how/why it was reduced to a non-criminal offense. This way the situation is diffused before it even beomes a focal point.

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  • Why should i request a hearing? if i now i am guilty of a dui and i took the BAC test and my results were .096 and .094?

    wouldn't it be a waste of my $200

    Enrico’s Answer

    Since it seems like money is of prime concern here (and when is it not) since you "don't want to waste the $200" you should take into consideration these other monetary consequences when making your decision. If you don't request the hearing the first thing that will happen is you will lose your license for 90 days if this is a first DUI offense. However, in order to get your license back after the 90 days or to qualify for an igntion interlock license during the suspension you will have to carry high rick insurance (SR-22) for THREE years. This will surely cost you more then the $200 hearing fee (most likely a lot more). It will also cost you $150-165 to reissue your regular license at the end of the suspension as opposed to the $20 it would cost to get a new license if you won the hearing. If you decided to go the igntion interlock license route durign the suspension there would also be application fees, monthly igntion interlock costs, etc. With all the money that is involved with a DUI offense, I always tell my clients the $200 hearing fee in order to have a chance to be victorous in this hearing and save these costs is a gamble that they have to take when weighed against the potential monetary costs associated with a loss of license.

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  • DUI alcohol/drug class

    Taking alcohol/drug classes as part of sentencing conditions I want to ask them to provide copies of the files they have been compiling on me for my records to be sure that there are no black marks on my record with them that might bite me in the ...

    Enrico’s Answer

    In addition to the other answers, quite often the judges tell people at the time of sentencing that they think it is a great idea to ask for copies of the reports being sent to the court and probation to act as a safeguard. This way, if the person doesn't get the monthly update the odds are that the court and probation did not get it either. Therefore, the treatment agency should not see this request by you as unusual in the least.

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  • Was arrested for nDUI 5 months ago and now have a court date. How can I get a copy of the police report and results of my blood

    Need to know how to get a copy of police report and results of my blood draw. blew a 0.000

    Enrico’s Answer

    I am assuming that you are the same person that posted this question under DUI yesterday and the same answer I posted there applies here:

    With arraignment being next week it is unlikely that you would be able to obtain a copy of the reports prior to then. If you hire an attorney, it is extremely likely that the prosecutor (especially if this is a state case in Redmond -- where posted) will have a copy of the reports and will give them to your attorney at that time.

    This is a very normal procedure by the way in King County state courts that your DUI occurred in March (regardless of the fact that it was blood draw) and that you arraignment is some 6 months later.

    The only difference in the post from yesterday is the place -- Lynnwood instead of Redmond. The same holds true if this is a state case in Snohomish County -- your attorney should be able to get a copy fo the police report from the prosecutor if they are at the arraignment and if they are not should be able to obtain one soon thereafter.

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  • Can a bail be set at my arraignment?

    was arrested 5 month ago for DUI and have to go to court now. I was just released after being arrested pending the results of blood draw. The results must show drugs. Can they impose a bail at my 1st arraignment

    Enrico’s Answer

    Yes, bail can be set at your arraignment even though it is some five months after the incident occurred. This is a very normal procedure in King County courts that your arraignment would be this amount of time after the incident.

    The setting of bail is not a normal occurrence on these types of cases, especially if this is in Redmond District Court (where posted). It is supposed to be reserved for those who are considered a danger to society or that will not return for court.

    The setting of bail will be reviewed and then decided on by the judge if the prosecutor asks for it and the judge will take into consideration the facts of the case and also the person's prior criminal history in addition to the circumstances above.

    The person's attorney will also have the opportunity to address this with the judge if it becomes an issue.

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  • How do I get a police report and results of a blood draw before my arraignment?

    Was arrested for DUI in March and I want the police report and results of blood draw before my arraignment on Sept. 16 2010

    Enrico’s Answer

    With arraignment being next week it is unlikely that you would be able to obtain a copy of the reports prior to then. If you hire an attorney, it is extremely likely that the prosecutor (especially if this is a state case in Redmond -- where posted) will have a copy of the reports and will give them to your attorney at that time.

    This is a very normal procedure by the way in King County state courts that your DUI occurred in March (regardless of the fact that it was blood draw) and that you arraignment is some 6 months later.

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  • Got pulled over for speeding, and ended up getting a DUI. No ticket?

    So I got a DUI, barely past the limit. Got pulled over but no ticket was issued. Shouldn't I have received a ticket for speeding? Does this help getting the case dismissed?

    Enrico’s Answer

    Unfortunately, no. The officer is not required to issue a ticket for the underlying infraction that led to the DUI investigation and ultimate arrest. He/she only needs to validate the reason for the stop in their report. This is actually a typical practice for many of the officers, especially troopers, who do not tend to 'pile on' by also citing the person for the infraction when they are going to forward charges for a criminal offense.

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  • I was arrested for dui but refused all the tests including back at the station. I didn't get an actual tick. Is this still DUI?

    I admitted to have 2 very small drinks with dinner and I didn't answer any other questions. When back at the station I refused the test thinking I was better off with a suspended license then DUI. When I left the station I only got 3 peices of pap...

    Enrico’s Answer

    To answer your first question, yes, this is still a DUI. It is very typical that the officer, especially if it is a WSP Trooper will not give you a date to go to court. You will receive this in the mail, typically between 1-6 months after the incident depending on what county this occurred in, from the court itself.

    To answer your second question, if you lose your license and had a valid license at the time of the incident you will be eligible to obtain an Ignition Interlock License during any suspension period. ***However, more importantly, one of the pieces of paper that you were referring to that the officer gave you is DOL Hearing Request Form. You are entitled to a hearing with the DOL prior to any license suspension even if you refused to take the breath test at the station. This request must be postmarked within 20 days of the incident.***

    You should contact a DUI attorney within this 20 day period to explain to you how to send in this request properly along with answering all of your other questions in more detail then can be provided here.

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  • What are the chances of me going to jail for a dwi charge and driving without a license in the state of washington

    i was driving while intoxicated and i had hit two parked cars and am worried about jailtime what do i do

    Enrico’s Answer

    The chances of you serving any jail time depends on what if anything you are convicted of. Of the potential crimes that you mentioned in your question, two potentially have mandatory jail time. This means that if you are convicted of one these crimes then it is mandatory that the judge impose a certain amount of jail time depending on certain variables. The first one is obviously the DUI. If it is a first offense and you are convicted of the DUI, there is a mandatory 1 or 2 day jail sentence depending on your breath test. If it is a second offense the mandatory jail sentences go up to 30 or 60 days and so on.

    The other offense that potentially carries with it mandatory jail is if the DWLS is in the first degree. If it is, depending on the number of prior DWLS 1 convictions the person has, there is mandatory jail starting at 10 days (no priors) and going up to 180 days (2+ priors). A person becomes a DWLS 1 if they are a habitual traffic offender.

    If someone in your position is convicted of something less then a DUI (such as reckless driving or negligent driving) there is no mandatory jail sentence the judge has to impose. Same goes for other DWLS offenses (2 or 3). This does not mean that the judge cannot impose jail for these offenses, it just means that it is not mandatory.

    Besides the potential of jail, there are so many other potential consequences with these types of charges, such as further license (or privilege to drive) losses, ignition interlock requirements, high risk insurance, alcohol/drug evaluations, that it is best that you contact an attorney who specializes in this area and discuss the specific details of your case with him or her.

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  • Can we stop worrying about DUI?

    Washington State My wife was pulled over for speeding and taken in for DUI after blowing .119. However, at the station, the officer failed to get her to understand her rights (she's ESL) and no translator was available. She never signed a form (s...

    Enrico’s Answer

    It is very typical that your wife has not received anything from the court yet. In King County WA it can take easily 6 months or so before one receives notice that they have to come to court to face a criminal charge. The statute of limitations on a DUI in WA is two years which means they file charges up to that time.

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