Clarification: The initial story stated that the terms of Tony Pagliocco’s probation include that he is required to have an interlock device on his car. Following the publication of this story, Pagliocco provided the Mirror with a state Department of Licensing document that states an interlock device was installed on his vehicle on Sept. 8, 2016 and was removed on April 28, 2017. We have updated the story to reflect that he has satisfied that part of his probation.
Federal Way City Council candidate Tony Pagliocco is on probation for reckless driving following a 2016 DUI arrest when he passed out in a McDonald’s drive-thru in Federal Way.
In addition, Pagliocco has two decade-old unpaid traffic infractions from Scottsdale, Arizona, according to a background check the Mirror conducted on the 19 candidates running for the Position 2 vacancy.
His DUI charge was later lowered to a reckless driving charge, and he is on probation through 2022 pending trial, according to Federal Way Municipal Court documents.
Pagliocco, who also ran for the Position 7 council seat last November, previously told the Mirror he was motivated to run for that position when his daughter was hit by a car that was driven by an opioid addict approximately six years ago while she was walking home from school. The accident left her paralyzed from the waist down.
But Pagliocco told the Mirror he has also been open about his charge on the campaign trail and during his appointment interviews for the city’s commissions.
“The incident was unquestionably unfortunate and embarrassing, but the law is the law and there’s no justifying it,” Pagliocco said in a statement, referring to his citation as a “physical control charge.”
“It made me reflect on many things, and I was able to use the incident to become a better person and allow my actions in the community to define who I am,” Pagliocco continued. “I entered into a five-year agreement to continue the case and as part of that agreement, did 100 hours of community service, paid numerous fines/fees, had 2 months of counseling, and also did a year of random UA tests. Upon expiration, my case will be closed with a reckless driving violation.”
The terms of his probation include that he was required to have an interlock device on his car, attend a DUI victim panel, take any required alcohol or drug courses and complete two months of treatment, according to court documents. In addition, he cannot consume any alcohol or drugs unless prescribed by a doctor, and must attend an aggressive drivers school class.
Pagliocco must also perform 100 hours of community service at 10 hours per month, pay a $150 fee, and random testing for at least one year.
According to Federal Way Police Department records, Pagliocco was arrested for a DUI on May 17, 2016 after police found him passed out in his car in a McDonald’s parking lot.
According to the police report, the dispatched officer, Clint March, responded to a welfare check at 12:37 a.m. to the McDonalds located at 2302 S. 320th St. in Federal Way, after the reporting party said a male was asleep in the drive-thru.
March reported seeing Pagliocco passed out between the order screens and the drive-thru windows. March approached the car’s window and saw him asleep at the wheel.
The driver’s side window was open, March reported, so he reached his hand inside to move Pagliocco’s head to wake him. The officer noted a strong smell of cologne and alcohol in the car, which he said was a common tactic for those driving under the influence to mask the smell of alcohol.
After waking the driver, March reported that his eyes looked bloodshot and watery.
The officer asked Pagliocco multiple times to power down the car but he was unable to do so.
The officer asked Pagliocco why he was asleep in the McDonald’s drive-thru, to which he replied “I’m not,” followed by “320th and 1st.”
When the officers asked Pagliocco what he meant, Pagliocco responded that he lived near 320th and 1st.
Pagliocco told police he had consumed two-and-a-half beers that night, and that he was asleep in the drive-thru because “it had been a long day,” the report continues. The officer noted Pagliocco’s speech appeared slurred.
He asked Pagliocco to step out of his vehicle to perform voluntary field sobriety tests, to which he agreed.
After performing the field sobriety tests, the officer determined Pagliocco was under the influence after noting he kept swaying during the tests.
Pagliocco asked the officer if he had to continue with the field sobriety tests, and when the officer told him it was completely voluntary, Pagliocco decided not to participate in further tests, the report continues. He also declined giving a breath test in the field, though he did give one after being taken back to the station.
Pagliocco provided two breath samples, one of .157 and the other of .162 — both over the legal limit of .08 for intoxication in Washington state.
Before this incident, Pagliocco also received two red light tickets in Scottsdale, Arizona in 2010, both of which he has yet to pay as of 2018, according to Scottsdale City Court documents.
The fine for his Aug. 16, 2010 ticket was $195 and for the Oct. 13, 2010 ticket was for $224. The total amounts due for both tickets are now $860.37, according to court documents.
Pagliocco told the Mirror he was unaware of the outstanding Scottsdale tickets “and I plan on fixing those promptly.”