Skip to content

Kelly McCoy PLC – Extreme DUI – Phoenix Attorney Matthew Kelly

This site is not endorsed by neither Matthew Kelly attorney phoenix nor the law firm of Kelly-McCoy to visit Kelly-McCoy go to http://kelly-mccoy.com

Tag: Herbs by Diane

Matthew J Kelly of the Law Firm Kelly McCoy PLC – Extreme DUI in violation of Arizona Revised Statutes, Section 28-1382(a)(2)

Matthew J Kelly - Extreme DUI - Picture from DUI Van

matthew_kelly_extreme_dui_phoenix_arizona_lr

Download Higher Resolution PDF

** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

ORIGINAL PAGE NUMBER: V 1 DR NUMBER: 2011 02240356

REPORT DATE: 20111228 TIME: 2230 TYPE OF REPORT: DUI OFFENSE: 390D PROSECUTION DESIRED: YES SUSPECT[S]: CLD

BOOKING VICTIM NOTIFIED: NO

LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A

DATE/TIME OF OCCURRENCE: WED 122811 2121

REPORTING OFFICER[S]: JAMES LAWLER 6474 UNIT: T36 MICHAEL MCGILLIS 5599

PREMISES: STREET/ROADWAY/ALLEY VEHICLE

OFFENSE INVOLVED: BIAS — NONE(NO BIAS)

PARTY-CREW: NO

PHOTOGRAPHS TAKEN: NO BY:

SCENE PROCESSED FOR LATENTS: NO BY:

LATENTS SUBMITTED TO CRIME LAB: NO

REPORT DISPOSITION: FIELD CLEARED BY ARREST OVER AGE 18: YES **** SUSPECT INFORMATION ****

ARRESTED PERSON-01: *** SENT TO PROSECUTOR OFFICE *** NAME: KELLY, MATTHEW JOHN

SPEAKING: ENGLISH

SUSPECTED OF USING: ALCOHOL

RACE: W SEX: M AGE: 37 DOB: 1974 HT: 509 WT: 150

HAIR: BRO EYES: BLU SSN:

LEVEL OF FORCE : RESTRAINT,JOINT LOCKS,PRESSURE PTS,OR CUFFS

ARREST: DATE: 122811 TIME: 2137 DAY: WED GRID: KK99 LOC: 001411 N 3RD STREET PHOENIX AZ CLD PRINTS: YES COURT-DATE: 010612 TIME: 1030 CLD NO: 000014007015 STATUTE: ARS 28-1381A1 CLASS: 1M

*** PROPERTY/EVIDENCE *** RECOVERY LOCATION:

2011 02240356 ‘_y A Continued.

-V ‘ ‘** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT

ORIGINAL PAGE NUMBER: 2 DR NUMBER: 2011 02240356 DATE: 000000 SEARCH WARRANT INVOLVED: 0001 PKG 001 CODE:CI APOl

LAB/FIELD:N ITEM: PSPECIM BRAND: MODEL: BLOOD COLOR:

DUI:YES POLICE BLOOD-DRAW:YES

DESCRIPTION: ONE BLOOD KIT CONTAINING TWOW VIALS OF BLOOD FROM APl MATTHEW KELLY

TEST FOR ALCOHOL CONCENTRATION

**** ****

NARRATIVE

SERIAL NUMBER: 6474

SEE RELATED ALCOHOL INFLUENCE REPORT FOR FURTHER INFORMATION

VICTIM RECEIVED RIGHTS INFORMATION: NO

INVOICES: 4079099

DR ENTERED BY 6474 DR FINALIZED BY 6474

END OF REPORT DR NO:

MAIL—IN SUPPLEMENT:

2011 02240356

** RECORD **

NO

‘ r** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

ORIGINAL PAGE NUMBER: 3 DR NUMBER: 2011 02240356

‘ r** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

ORIGINAL PAGE NUMBER: 4 DR NUMBER: 2011 02240356

***** PHLEBOTOMY BLOOD DRAW REPORT *****

ITEM NO: 0001 AP01 CONSENT DRAW: YES WARRANT: NO WARRANT #: TIME SERVED: 0000 COURT OF ISSUE: ISSUING JUDGE: MEDICAL QUESTIONS MEDICAL PROBLEMS: NO ALLERGIES: NO INFECTIOUS DISEASES: NO MEDICATIONS/BLOOD THINNERS: NO I.V. DRUG USE: NO

TYPE OF NON-ALCOHOL SITE CLEANER USED: POVIDONE—IODINE

============================ ================================

DATE: 111228 TIME(24 HOUR): 2207

PHYSICAL ADDRESS WHERE BLOOD DRAWN: 1610 E HIGHLAND

EQUIPMENT USED: ETS KIT/TUBES LOT NO.: 11565

EXPIRATION DATE OF VIALS(MM/YY): 0113 BLOOD DRAWN FROM: RIGHT ANTECUBITAL FOSS COOPERATIVE: YES RESTRAINT USED: NO RESTRAINT TYPE:

SUPERVISOR NAME/SERIAL NO: BLOOD CLOTTED AT SITE: BETWEEN 1-3 MINUTES

** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2011 02240356 1

REPORT DATE: 20111228 TIME: 2230 TYPE OF REPORT: DUI OFFENSE: 390D PROSECUTION DESIRED: YES SUSPECT[S]: CLD

BOOKING VICTIM NOTIFIED: NO

LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A

DATE/TIME OF OCCURRENCE: WED 122811 2121

REPORTING OFFICER[S]: JAMES LAWLER 6474 UNIT: T36 MICHAEL MCGILLIS 5599

PREMISES: STREET/ROADWAY/ALLEY VEHICLE

OFFENSE INVOLVED: BIAS – NONE(NO BIAS) PHOTOGRAPHS TAKEN: NO BY:

SCENE PROCESSED FOR LATENTS: NO BY: LATENTS SUBMITTED TO CRIME LAB: NO

REPORT DISPOSITION: FIELD CLEARED BY ARREST OVER AGE 18: YES

CURRENT DR IS: 2011 02240356 001 BIOLOGICAL EVID (BLOOD,SEMEN,TISSUE): NAM:

NAM: OFFzDUI

LOCATION: 001411 N 3RD ST JAILED:

OFCR REQ OF ANALYSIS:LAWLER, JAMES DATE OCC:OOOOOO TIME:0000 (LAST,FIRST,MIDDLE) FIRM NAME USE BUS. DATE REQ:122811 TIME:2230 VIC: DUI RELATED:

BUS:

INVOICE ITEM # SFX TYPE TYPE OF REQUEST

0004079099 0001 PSPECIM BLOOD ALCOHOL

BLOOD DRAWN BY: l.DATE/TIME DRAW:000000 / 0000 LOG OF DRAWING: 2.DATE/TIME DRAW:000000 / 0000

MM NARRATIVE HM

2011 02240356 1 Continued.

v

** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 2 DR NUMBER: 2011 02240356 1

SERIAL NUMBER: 6474

TEST FOR ALCOHOL CONCENTRATION

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT: NO INVOICES: DR ENTERED BY : 6474 DR FINALIZED BY : 6474

END OF REPORT DR NO: 2011 02240356 001

I

‘ ** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2011 02240356 2

REPORT DATE: 20111229 TIME: 0143

TYPE OF REPORT: DUI OFFENSE: 390D

LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A

DATE/TIME OF OCCURRENCE: WED 122811 2121

REPORTING OFFICER[S]: ERIC GARDNER 9067 UNIT: 72J MICHAEL MCGILLIS 5599

OFFENSE INVOLVED: BIAS — NONE(NO BIAS)

**** NARRATIVE **** SERIAL NUMBER: 9067

ON 122811 AT APPROXIMATELY 2118 HOURS WHILE ON PATROL AS A SINGLE OFFICER UNIT WEARING CLASS D UNIFORM DRIVING A FULLY MARKED POLICE IMPALA, I WAS TRAVELING NORTHBOUND ON 3RD ST AND I HAD JUST PASSED PALM LN. AS I WAS TRAVELING NORTHBOUND, A SILVER IN COLOR TOYOTA SEQUOIA PASSED ME SOUTHBOUND AT A HIGH RATE OF SPEED IN THE NUMBER 1 LANE.

I TURNED AROUND TO ATTEMPT TO CATCH UP AND SEE IF I COULD GET A PACE ON THE SPEED AND RUN THE LICENSE PLATE.

AS WE APPROACHED E. MCDOWELL RD., I WAS APPROXIMATELY 25 YARDS BEHIND THE TOYOTA. THE TOYOTA THEN SWERVED QUICKLY INTO THE #2 LANE THEN QUICKLY BACK INTO THE #1 LANE CAUSING SOME DIRT TO FLY INTO THE AIR. THE LIGHT FOR NORTH AND SOUTH TRAFFIC AT THE INTERSECTION OF N. 3RD ST AND E. MCDOWELL RD WAS RED. AS THE TOYOTA APPROACHED THE RED LIGHT, JUST NORTH OF WHERE THE LEFT TURN LANE STARTS, THE TOYOTA MOVED INTO THE #1 NORTHBOUND LANE. APPROXIMATELY l FOOT OF THE TOYOTA WAS IN THE ONCOMING #1 TRAFFIC LANE. THE TOYOTA THEN MOVED BACK INTO THE #1 LANE AND STOPPED AT THE RED LIGHT. WHEN THE TOYOTA MADE ITS STOP, IT MADE A HARD STOP AS IF HE MISJUDGED WHERE THE CROSSWALK WAS LOCATED. I WAS ABLE TO NOW MAKE OUT THE LICENSE PLATE ON THE TOYOTA AS AZ PLATE CAU LAW.

WHILE WAITING FOR THE LIGHT TO TURN GREEN, ANOTHER VEHICLE HAD PULLED UP NEXT TO THE TOYOTA IN THE #2 LANE. WHEN THE LIGHT TURNED GREEN, THE TOYOTA AND THE OTHER VEHICLE IN THE #2 LANE STARTED TO MOVE SOUTH THROUGH THE INTERSECTION. AS THEY WERE ENTERING THE INTERSECTION, THE TOYOTA SWERVED TO THE RIGHT COMING WITHIN A FOOT OF SIDESWIPING THE VEHICLE TO ITS RIGHT. I THEN ACTIVATED MY OVERHEAD LIGHTS AND THE TOYOTA PULLED INTO THE PARKING LOT AT 1411 N. 3RD ST. THE TOYOTA PULLED INTO A PARKING SPACE IN FRONT OF THE BUILDING AND DID NOT STOP PRIOR TO THE PARKING CURB AND THE VEHICLE BUMPED THE CURE HARD CAUSING THE TOYOTA TO BOUNCE BACKWARDS OFF THE CURB.

I ADVISED DISPATCH OF MY TRAFFIC STOP AND ASKED FOR ANOTHER UNIT AS I BELIEVED THE DRIVER OF THE VEHICLE MAY BE IMPAIRED BASED ON THE DRIVING I HAD OBSERVED. OFFICER MCGILLIS #5599, WHO IS A DUI MOTOR OFFICER,

2011 02240356 2 Continued.

PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

‘** PUBLIC **

DR NUMBER: 2011 02240356

SUPPLEMENT PAGE NUMBER: 2

RESPONDED TO MY LOCATION.

I CONTACTED THE DRIVER AP1 MATTHEW KELLY. I NOTICED THAT MATTHEW WAS CHEWING GUM. I ASKED MATTHEW HOW HE WAS DOING TONIGHT. HE SAID HE WAS FINE AND HE DIDNT SEEM TO WANT TO LOOK AT ME AS I SPOKE TO HIM. I ASKED HIM IF HE WAS HAVING ANY MEDICAL ISSUES TONIGHT THAT WOULD BE CAUSING HIM TO SWERVE OUT OF HIS LANE AS HE WAS DRIVING. HE DENIED HAVING ANY MEDICAL CONDITION. AS HE SPOKE, HIS SPEECH WAS SLOW AND SLURRED. AS HE WAS TELLING ME THAT HE WAS OK, HE LOOKED AT ME AND I COULD SEE THAT HIS EYES APPEARED TO BE BLOODSHOT AND WATERY. I ASKED MATTHEW FOR HIS LICENSE AND HIS PROOF OF INSURANCE. MATTHEW SLOWED OBTAINED HIS WALLET AND STARTED TO PULL HIS LICENSE OUT OF HIS WALLET. HE SEEMED TO BE HAVING A PROBLEM WITH

COORDINATION AND REMOVING THE LICENSE FROM A POCKET INSIDE THE WALLET. HE REMOVED IT AND HANDED IT TO ME. I THEN ASKED FOR HIS INSURANCE AGAIN. HE THEN REACHED INTO HIS GLOVE BOX AND REMOVED A BUNCH OF PAPERS. HE PULLED

OUT THE REGISTRATION AND ATTEMPTED TO FLIP THE FLAP COVERING THE REGISTRATION BUT HE WAS HAVING TROUBLE SEPARATING THE TOP FLAP FROM THE BOTTOM REGISTRATION. I TOLD HIM I DIDNT NEED HIS REGISTRATION, JUST HIS INSURANCE. HE TOLD ME HE WAS GETTING IT. I TOLD HIM THAT HE HAD THE REGISTRATION IN HIS HANDS, NOT HIS INSURANCE. THE NEXT PIECE OF PAPER ON HIS LAP WAS HIS CURRENT INSURANCE CARD. HE THEN HANDED ME THE CARD.

I ASKED MATTHEW IF HE HAD BEEN DRINKING TONIGHT. MATTHEW SAID HE HADNT.

I ASKED IF HE HAD ANYTHING TO DRINK TONIGHT AT ALL AND HE SAID NO. I ASKED HIM WHERE WAS COMING FROM. HE SAID HE WAS GOING TO HIS OFFICE RIGHT HERE, INDICATING THE BUILDING IN FRONT OF HIS TOYOTA. I ASKED IF HE WORKED HERE AND HE SAID HE DID. I REPEATED MY QUESTION OF WHERE HE WAS COMING FROM. HE SAID HE WAS COMING FROM 2800 N. CENTRAL. I ASKED WHAT WAS THERE AND HE SAID HIS FRIENDS OFFICE. I ASKED IF HE HAD ANYTHING TO DRINK THERE AND HE SAID NO. DURING OUR CONVERSATION, HIS SPEECH WAS VERY SLOW AND SLURRED.

I THEN WENT TO MY PATROL CAR AND CONFIRMED THE LICENSE HE GAVE ME WAS THE SAME AS THE REGISTERED OWNER OF THE TOYOTA.

OFFICER MCGILLIS THEN SHOWED UP AND AND BEHAVIOR I OBSERVED TO INDICATE WAS TALKING TO OFFICER MCGILLIS, WE NOTICED THAT MATTHEW HAD STARTED SMOKING A CIGARETTE AS WE COULD SEE THE SMOKE EXITING THE DRIVERS SIDE AS THE LIGHT FROM MY SPOTLIGHT ILLUMINATED THE SMOKE.

I EXPLAINED TO HIM THE DRIVING CUES TO ME THAT MATTHEW WAS IMPAIRED. AS I

OFFICER MCGILLIS THEN TOOK OVER THE INVESTIGATION. REPORT AND AIR.

SEE HIS ORIGINAL

AFTER MATTHEW REFUSED TO DO ANY OF THE TESTS, OFFICER MCGILLIS PLACED MATTHEW UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. I THEN TRANSPORTED MATTHEW WITHOUT INCIDENT TO 1610 E. HIGHLAND WHERE HE WAS PROCESSED FOR DUI.

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT:

2011 02240356 2

2

Continued.

>

** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 3 DR NUMBER: 2011 02240356 2 INVOICES: DR ENTERED BY : 9067 DR FINALIZED BY : 9067

END OF REPORT DR NO: 2011 02240356 002

. ** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2011 02240356 3

REPORT DATE: 20120102 TIME: 0340

TYPE OF REPORT: DUI OFFENSE: 390D PROSECUTION DESIRED: YES . SUSPECT[S]: CLD LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A DATE/TIME OF OCCURRENCE: WED 122811 2121

REPORTING OFFICER[S]: MICHAEL MCGILLIS 5599 UNIT: T36 PREMISES: STREET/ROADWAY/ALLEY VEHICLE

PARKING LOT OFFENSE INVOLVED: BIAS – NONE(NO BIAS)

**** NARRATIVE **** SERIAL NUMBER: 5599

ON 122811 AT 2121 HOURS, OFFICER GARDNER 9067 CONDUCTED A TRAFFIC STOP IN THE PARKING LOT, AT 1411 NORTH 3RD STREET, ON A 2006 GOLD FOUR DOOR TOYOTA SEQUOIA, ARIZONA PERSONALIZED PLATE CUALAW. THIS VEHICLE WAS FOUND TO BE OCCUPIED BY ONE WHITE MALE DRIVER, IDENTTFTRD AS AP1 MATTHEW JOHN KELLY DATE OF BIRTH .74 ARIZONA OLN NUMBER (IN POSSESSION). AT THE TIME OF THE TRAFFIC STOP, OFFICER GARDNER REQUESTED AN IMMEDIATE BACK—UP BELIEVING THE DRIVER OF THE VEHICLE, BY THE DRIVING OBSERVED, TO

POTENTIALLY BE IMPAIRED.

I ARRIVED AT THE STOP LOCATION, AT 2125 HOURS, WHERE I FOUND OFFICER GARDNER OUT WITH AP1 MATTHEW. I WAS BRIEFED BY OFFICER GARDNER AS TO THE DRIVING OBSERVED. OFFICER GARDNER INITIALLY STATED THAT HE WAS TRAVELING NORTHBOUND ON 3RD STREET AND OBSERVED THE LISTED TOYOTA SEQUOIA IN THE SOUTHBOUND DIRECTION OF TRAVEL AT A HIGH RATE OF SPEED. HE ESTIMATED THE SPEED AT LEAST 50 MILES PER HOUR IN A POSTED 35 MILE PER HOUR ZONE.

HE STATED HE FIRST OBSERVED THE VEHICLE SOUTHBOUND ON 3RD STREET AROUND PALM LANE, WHICH IS NORTH OF MCDOWELL ROAD. OFFICER GARDNER ALSO DESCRIBED THE POSITION IN WHICH AP1 MATTHEW POSITIONED HIS VEHICLE AT THE RED LIGHT AT MCDOWELL. OFFICER GARDNER HAD MADE A U-TURN AND PROCEEDED SOUTHBOUND AFTER THE VEHICLE. WHEN THE LIGHT CYCLED GREEN FOR SOUTHBOUND TRAFFIC, OFFICER GARDNER OBSERVED AP1 MATTHEW FOUND TO DRIVE WITHIN ONE LANE OF TRAVEL AND DRIFTING OUTSIDE THE SOUTHBOUND NUMBER ONE LANE. AS THE TRAFFIC STOP WAS CONDUCTED, AP1 MATTHEW PULLED INTO THE PARKING LOT AT 1411 NORTH 3RD STREET AND STRUCK THE CURE COMING TO AN ABRUPT STOP, AT WHICH TIME, OFFICER GARDNER REQUEST A BACK-UP. OFFICER GARDNER STATED THAT THE DRIVER WAS SEVERELY IMPAIRED BUT DENIED DRINKING. HE ADVISED ME THAT AP1 MATTHEW HAD VERY THICK SLURRED SPEECH AND STATED THAT THIS IS HIS WORK ADDRESS.

I WALKED UP TO THE FRONT DRIVERS FRONT DOOR AND CONTACTED AP1 MATTHEW WHO

2011 02240356 3 Continued.

. ** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 2 DR NUMBER: 2011 02240356 3

WAS STILL SEATED BEHIND THE WHEEL. HE WAS SMOKING A CIGARETTE. OFFICER GARDNER STATED THAT INITIALLY APl MATTHEW WAS NOT SMOKING BUT HAD JUST APPARENTLY LIT UP. I ASKED APl MATTHEW TO EXIT THE VEHICLE AND PUT THE CIGARETTE OUT. I ASKED IF HE WAS CURRENTLY TAKING ANY TYPES OF MEDICATIONS. APl MATTHEW WITH THICK SLURRED SPEECH STATED THAT HE WAS HEALTHY, NOT TAKING ANY MEDICATIONS AND WAS SIMPLY IN A HURRY TO GET TO HIS OFFICE. APl MATTHEW, WHILE SPEAKING WITH ME, WAS EXHIBITING RED WATERY EYES, HEAVY FRONT TO BACK SIDE TO SIDE SWAY AND A STRONG ODOR OF ALCOHOL. HE WAS OBSERVED CHEWING SOMETHING IN HIS MOUTH WHICH APPEARED TO BE GUM SO I ASKED HIM TO SPIT IT OUT, AT WHICH TIME HE DID. I ASKED WHERE HE WAS COMING FROM. HE ADVISED MY, “2800 NORTH CENTRAL.” HE STATED HE WAS WITH A FRIEND AT THEIR OFFICE AT A BUSINESS MEETING AND STATED HIS FRIEND’S NAME IS AYA MCLEAN. AGAIN, ASKED HIM IF HE WAS CURRENTLY ON ANY MEDICATION DUE TO HIS EXTREMELY POOR BALANCE. HE ENDED UP LEANING BACKWARDS INTO HIS VEHICLE AND THEN REMAINED LEANING UP AGAINST HIS VEHICLE FOR BALANCE DURING MY CONTACT. HE AGAIN ADVISED MY HE WAS NOT CURRENTLY TAKING ANY MEDICATIONS, THEREFORE, I ASKED HIM AGAIN IF HE CONSUMED ALCOHOL THROUGHOUT THE COURSE OF THE DAY OR EVENING. HE AGAIN DENIED DRINKING. HE ASKED ME WHY HE WAS STOPPED AND I EXPLAINED TO HIM THE DRIVING WHICH OFFICER GARDNER HAD OBSERVED. I ASKED HIM IF HE HAD ANY RECOLLECTION OF SPEEDING, FAILURE TO DRIVE WITHIN HIS LANE OR STRIKING THE PARKING CURB UPON ENTERING HIS PARKING LOT. HE REPLIED, “NO IDEA, MAYBE I WAS ON THE PHONE.” I ASKED IF HE WAS WEARING CONTACTS. HE REPLIED, “NO.”

I THEN ASKED APl MATTHEW TO STAND AWAY FROM THE VEHICLE, IN FRONT OF ME WITH HIS FEET, HEELS AND TOES TOGETHER, ARMS DOWN TO HIS SIDE. AS I PREPARED TO CONDUCT A HGN TEST, APl MATTHEW STATED, “I’M NOT DOING IT.” I ADVISED AP1 MATTHEW THAT IF HE HAD NOT CONSUMED ANY ALCOHOL, HE HAD NOTHING TO WORRY ABOUT. I TOLD HIM, I WAS SIMPLY GOING TO EVALUATE HIS ABILITY TO PERFORM ROAD SIDE TEST, MAKE SURE HE WAS OK TO BE DRIVING. I ADVISED APl MATTHEW THAT MY ROAD SIDE TEST WERE VOLUNTARY AND THAT HE DID NOT HAVE TO CONDUCT THEM, HOWEVER, OFFICERS WOULD ONLY BE ABLE TO GO OFF OF DRIVING OBSERVED AND OUTWARDLY SIGNS. I EXPLAINED TO APl MATTHEW THAT IT WAS QUITE OBVIOUS‘THAT HE WAS IMPAIRED BY THE ALCOHOL HE HAD CONSUMED. I EXPLAINED TO APl MATTHEW THAT HIS WORDS THROUGHOUT MY ENTIRE CONTACT WERE SLOW, THICK AND SLURRED; SOME OF HIS WORDS SO SLURRED THAT ALL HIS WORDS AT TIMES WERE RUN TOGETHER. HIS EYES RED AND WATERY, HIS BALANCE EXTREMELY POOR THROUGHOUT MY ENTIRE CONTACT. AT TIMES HE HAD DIFFICULTY SIMPLY EVEN HOLDING HIS HEAD UP, WHICH IS COMMON WITH PEOPLE AT HIGH CONCENTRATION LEVELS TO HAVE WHAT’S CALLED, “BABY NECK,” OR, “BOBBLE HEAD.”

AT 2137 HOURS, I AGAIN ASKED APl MATTHEW IF HE WOULD VOLUNTARILY DO ROAD SIDE TEST. HE REPLIED, “NO.” I ADVISED APl MATTHEW TO TURN AROUND, PLACING HIS HANDS BEHIND HIS BACK ADVISING HIM HE WAS UNDER ARREST FOR DUI. I REMOVED HIS PERSONAL BELONGINGS FROM HIS POCKETS AND SAW THAT HE HAD SOME PILLS IN HIS POCKET. HE ADVISED ME THE PILLS WERE FOR, ”

OR ‘ .” IT WAS AN OVAL WHITE PILL WITH THE MARKINGS N947. HE ADVISED ME THAT THE NAME OF THE PILL WAS, ” ” I LATER LOOKED THIS UP AND THE PILL WAS IN FACT EXACTLY WHAT APl MATTHEW EXPLAINED TO ME THAT IT IS FOR “‘ ‘

2011 02240356 3 Continued.

‘. ** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 3 DR NUMBER: 2011 02240356 3

THE VEHICLE WHICH AP1 MATTHEW WAS OPERATING WAS SECURED AT THE SOUTH LOCATION AND HE WAS TRANSPORTED TO A DUI VAN, LOCATED AT 16TH STREET AND

HIGHLAND.

UPON ARRIVAL, HE WAS UNHANDCUFFED AND ENTERED THE DUI VAN, AT 2153 HOURS. AS AP1 MATTHEW SAT DOWN, OFFICER LAWLER ASKED HIM IMMEDIATELY IF HE WOULD LIKE TO PLACE ANY PHONE CALLS USING HIS PERSONAL CELL PHONE OR THE VAN PHONE, APl MATTHEW DECLINED ANY PHONE CALLS AT THIS TIME. WHILE INSIDE THE VAN, OFFICER LAWLER 6474 BEGAN BY OBTAINING PERTINENT INFORMATION REGARDING THIS INCIDENT. HE THEN BEGAN BY READING MIRANDA WARNINGS FOLLOWED BY THE ADMIN PER SE. APl MATTHEW CONSENTED TO THE BLOOD DRAW AND SIGNED THE CONSENT FORM PRIOR TO OFFICER LAWLER CONDUCTING THE BLOOD DRAW. WHILE INSIDE THE DUI VAN, APl MATTHEW’S SPEECH CONTINUED TO BE SLOW, THICK AND SLURRED, THE ODOR OF ALCOHOL WAS STRONGER INSIDE THE CONFINED VAN.

I OBSERVED THE BLOOD DRAW AT 2207 HOURS. OFFICER LAWLER WITHOUT INCIDENT DREW TWO VIALS OF BLOOD FROM APl MATTHEW’S RIGHT ANTECUBITAL FOSSA. THE BLOOD WAS PROPERLY INVERTED PRIOR TO BE LABELED AND THEN SECURED BACK INTO THE BLOOD KIT. OFFICER LAWLER EXPLAINED TO APl MATTHEW THAT ONE OF THE VIALS WOULD BE TESTED THROUGH THE PHOENIX CRIME LAB AND THOSE RESULTS WOULD BE AVAILABLE TO HIM WHEN HE WENT TO COURT ON JANUARY 6TH. HE WAS ALSO ADVISED THAT THE OTHER VIAL OF BLOOD WOULD BE RETAINED AT THE CRIME LAB FOR HIM, SHOULD HE OR HIS ATTORNEY WANT TO OBTAIN IT AND HAVE IT INDEPENDENTLY TESTED TO COMPARE THEIR RESULTS TO OUR RESULTS. APl MATTHEW WAS ALSO RIGHT TO ARRANGE FOR AND PAY FOR HIS OWN INDEPENDENT CHEMICAL TEST. APl MATTHEW CONDUCTED AN INTERVIEW STILL DENYING DRINKING ANY ALCOHOL.

HE WAS PHOTOGRAPHED, FINGERPRINTED AND ISSUED COMPLAINT NUMBER 14007015 FOR THE DUI RELATED OFFENSES AND FAILURE TO DRIVE IN ONE LANE OF TRAVEL. HE WAS NOT CHARGED WITH THE SPEED VIOLATION SIMPLY BECAUSE THE OFFICER WAS NOT ABLE TO CONDUCT A PACE HE SIMPLY VISUALLY ESTIMATED THE SPEEDING AS APl MATTHEW PASSED HIM IN THE OPPOSITE DIRECTION OF TRAVEL ALONG 3RD STREET. APl MATTHEW PLACED ONE PHONE CALL TO A FRIEND FOR A RIDE HOME. AFTER THE PROCESSING WAS COMPLETED, HE WAS PHOTOGRAPHED, FINGERPRINTED AND ISSUED COMPLAINT NUMBER 14007015 AND RELEASED TO HIS FRIEND’S SON, AT 2245

HOURS.

FOR FURTHER INFORMATION REGARDING THIS INCIDENT REFER TO THE ORIGINAL ALCOHOL INFLUENCE REPORT.

PACE A4812/5599/010212/1225/1364/VW 1122837 DICTATED ON 010212/0338/1

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT: INVOICES: DR ENTERED BY : *4812 DR FINALIZED BY : *4812

2011 02240356 3 Continued.

~

~ ** PUBLIC *f PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 4 DR NUMBER: 2011 02240356 3

END OF REPORT DR NO: 2011 02240356 003

fl

.. ** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2011 02240356 4

REPORT DATE: 20120111 TIME: 1209

TYPE OF REPORT: DUI OFFENSE: 390D

PROSECUTION DESIRED: YES SUSPECT[S]: CLD BOOKING VICTIM NOTIFIED: NO LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A

DATE/TIME OF OCCURRENCE: WED 122811 2121

REPORTING OFFICER[S]: NATASHA IMADIYI A5245 UNIT: C23

PREMISES: STREET/ROADWAY/ALLEY VEHICLE OFFENSE INVOLVED: BIAS – NONE(NO BIAS) PHOTOGRAPHS TAKEN: NO BY:

SCENE PROCESSED FOR LATENTS: NO BY: LATENTS SUBMITTED TO CRIME LAB: NO

OVER AGE 18: YES

**** NARRATIVE **** SERIAL NUMBER: A5245

ORIGINATING DR: 201102240356 001 THE FOLLOWING IS A SUMMARY OF THE LABORATORY EXAMINATION RESULTS. CONTACT THE LABORATORY BUREAU FOR THE OFFICIAL REPORT.

ANALYST: NATASHA IMADIYI(A5245) SUBJECT: MATTHEW KELLY ITEM 4079099-0001 O GRAMS PER 100ML

ALCOHOL RESULT: 0.25

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT: NO

INVOICES:

DR ENTERED BY DRLIM DR FINALIZED BY DRLIM

END OF REPORT DR NO: 2011 02240356 004

Author extremeduimatthewkellyPosted on February 24, 2016December 7, 2017Categories Extreme DUITags 1411 N 3rd St. Phoenix AZ 85004, 1455 W Chandler Blvd Ste A, 16220 N Scottsdale Rd Ste 400, 1633 W. Manor Street Chandler AZ 85224, 340 E. Palm Lane, 480-221-0083, 480-899-2900, 602-687-7433, 602-687-7466, 602.586.2450, 85004, Aaron Coleman, Abbie Shindler, Abby Haran Raddatz, Account Executive at RealWorld Marketing, Adele Foley, Adrienne Faith Thompson, Ahwatukee, Aimee Currey, Alia Haddad Teagle, Amber Damme Eubanks, Amber Franklin, Amber Stowe, Amy Wilkins, and Air Conditioning/Refrigeration Service Technician) at North Valley Mechanical, Andrea M Schmidt, Angel Mendoza Whatley, Anna Ouellette, Anne Vick Kiley, APL Logistics, Appellate Practice, Appellate Practice Section, Areas of Focus, arizona, Arizona State University, Arkansas, Art Teacher at Saint Theresa Catholic School, ASU, attorney, Attorney at Buchalter, Attorney at Law - Of Counsel at Carpenter Hazlewood Delgado & Bolen, Attorney at Law at Mclean Law Firm, Author/Illustrator at Trina Licavoli Gunzel, AZ 85254-1799, AZ Bar No. 020526, BAC, bankruptcy, Barb Scott, Beau Halsey, Beau Robertson, Becca Bailey, Bechtel Corporation, Becky Cubbison Gibson, Bell Honda, Bertica García Dubus, Beth Pinsley Zoneraich, Betty Flynn Stoner, Beverly Malmberg, Bishop Denis J. O'connell, Blair Olsen, blood shot eyes, bloomberg, Bowie High School, Brady Dressendorfer, Brandy Fain, Brandy Zeller Shamo, Brett Tayman, Brian Bruce, Brian Haynes, Brig Rodgers, Buckeye, Buffy Lloyd-Krejci, Business Development at AHS, Business Law, California, Camille Williamson, Capistrano Beach, Casas Christian School, Catholic-America, Cathy Gurd Kesterson Registered Nurse at Hospice of Payson, Cecilia Franks Tompkins, Cedar Rapids, CEO/President at 2 Serve Solutions, Certified Nursing Assistant (CNA) at Elite home health fort smith, Chad Allen Connolly, Charitie Nelson Hartsig, Charity Villena, Chelsea Landry, Chelsey Golightly, Cherlyn White-Conklin. Kristina Sitton Matthews, Chris Hamilton, Chris Raddatz, Christa Alford, Christopher Bjornson, Christy Brotherton, City of Chandler Recreation, City of Keokuk, Clayton Alford, Co-founder at Accident Law Group, Co-founder at Penguin Air & Plumbing, Colleen Killough Robin, colorado, Compton Junior College, Corina Mari, Cosmetologist at From Head To Toe Essentials Salon and Spa, Cosmetologist at Salon D' Shayn Phoenix, CPeter S Davis, CS Flooring, CSM at U.S. Army 3rd Medical Recruiting Battalion, D.j. Daniels, Dan Beeks, Dana Duran Story, Danielle Couch Yocum, Dara Korn, Darin Damme, Dave Buehring, David Bradford, David Dow, david gannon, David Sparks, Dawn Michelle, Dayne Damme, Deanie Reh, Deanna Phillips, Deanna Reed, Deborah Deemer Alexander, Deborah Horowitz, Denise Lee Vogt, Denver, Department of Economic Security, Department of Energy Oak Ridge Office, Derron Woodfork, Design Manager at DC Water, DeVry University - Chesapeake (South Hampton Roads) Campus, Director Global Disaster/Emergency Relief and Risk Mitigation at Jenysis Global, Director of Nursing at Spectrum Healthcare, District Sales Mgr at NuTech Seed, Division of Developmental Disabilities, Don N Martha Ross, Doris Randall, Drummer/Guitarist at Musician, drunk, DUI, Dusty McPherson, E K G TEC at M & K Health Services, east valley family physicians, Eastern Arizona College, Educational Assistant at James Monroe Middle School, Edwin Young, Electrician at Freeport-McMoRan, Employee Benefits Coordinator at Aflac, Engineer at Fire Dept, Eric Scott, Eric Weisbrod, Extreme DUI, Facilities Manager at Lamb Chevrolet, Field Marketing Manager Phoenix at Monster Energy, Flight Paramedic at AeroCare Medical Transport, Florida State University, Founder/CEO/Owner at LuxePros, FOX 10 Phoenix, Geoffrey Leber, George Gerding, Georgetown, Gessner Harrison, Gie Kim, Ginger Dieffenbach, Gino Wullkotte, Glendale Community College, Grand Canyon University, Grand Junction, Guest Services at Embassy Suites, Guy Pfister, Heather Leigh Herrera, Heather Watson, Heavy equipment operator at Buesing Corp., Heidi Morrison Padilla, Herbs by Diane, Holly Galloway, HVAC/R Service Technician (Heating, In-house counsel at APL Logistics, Independent Brand Partner, Independent Consultant at The Longaberger Company, Instructional Technology Analyst at Arizona State University, International Cruise & Excursions (ICE), Iowa, Jake Ineck Music Director at Holy Apostles Church, Jaki Soule, Jakki Moss, James Matthews, Jamie Hergert Pizzitola, Janet Shortt, Jarrod Townsend, Jase Leonard, Jason Phaneuf, Jason Streichman, Jason Tito Thornton, Jeanine Yonushonis, Jenni Davenport, Jennifer Hall, Jennifer Markiewicz Wagman, Jennifer Shavers, Jerry L Horacek III, Jesse Walling, Jessica Den Beste-Hasty, Jim Scher, Jimmy John's, Jimmy Oestmann, Jo Ann Tayman, Jodi Ward Calandra, John F. Kennedy School of Government, John Randolph, Jon Gunzel, Jonathan Dahm, Jones Skelton & Hochuli PLC, Joseph L Brown, Joseph Rizzi, Josh Batchelor, Josh Lester, Joshua Peck, Journeyman Plumber at KK Mechanical, Jude La Cava, Julia 'Jules' Gratien, Julie Jenkins, Julie Lyons, Julie Schmidt Sexton, Jutem Pearce Stewart, Kansas, Kansas State University, Kara Fort, Katie van Duuren, Kay Scott, Kelly Fanning, kelly mccoy, kelly mccoy plc, kelly mccoy plc phoenix, kelly-mccoy.com, Kenny Tatum, Kevin Figueroa, Kevin Kosisky, Kielyn Scott, Kim Celaya, Kim Nieman, Kirstin Olsson Lezotte, Kristen Amen, Kristi Hoven, Kristin Wrobel, Kyle Hilton, Lacey Schreiner, Lake Barcroft, Laurel LaFlesch Thompson, Lauren's Institute for Education, lawyer, Lead vocals at Virsces, Leah Anne Teske Rife, Lex Ericson, Lisa Friedman Kass, Lisa Plisko, Litigation, Litigation Attorney at Bishop Law Office, Liz Nguyen Giunta, Loni Newland Clifford, Loretta Walling, Louise Hirlinger, Lucas Matthew Kelly, M/A PHLEBOTOMIST, Malia Richards, Manager at Discount Tire, Manager at Isagenix®, Maricopa County, Mark Asa, Mark Brnovich, Mark Finizza Jr., Mary Ann McGinnis, MaryAnn Asa, Maryland, Massachusetts, Mat Balgaard, Matt Fumusa, Matt Gerding, Matt Rozar, Matthew Wagman, Mediator/Arbitrator at Michele M. Feeney LLC, melanie kelly, melanie PA, Melisa Ulysses Rosalez, Melissa Heisler, Melissa Rippy, Member at Sherman & Howard LLC, Michael Henderson, Michele Feeney, Michelle N Carl Daniels, Mignon Dabell, Mindy Jordan, mkelly@kelly-mccoy.com, Molly Quinn Co., Morgan Roberts-Harrison, Music director at Christ The King Roman Catholic Church, Nathaniel Rose, Neil McCoy, Nerium International, Northern Arizona University, Nun-of-your-business, Office of the Arizona Attorney General, Owen Windes, Owens Rivers Kelly, Owner at Blissful Interiors, Owner at GHH Consulting, Owner at Penguin Air & Plumbing, Owner at Self-Employed, Owner at Woodfork Law, Owner-Operator at Dragon Wing Designs, Paige Green, Pam Miranda-Richey, Partner at Gammage & Burnham, Pat Dressendorfer, Patti Sheire, Paul Moreton, Payson, Payson High School, Peoria, Pharmacy Technician at CVS Caremark, Phoenix School of Law, pills in pocket, Plastic Surgeon at Self-Employed, Prescott Valley, Professional Hunter at A3 Trophy Hunts, Quality Improvement Specialist at Health Services Advisory Group, Randy Roberson, Ray Gonzales, real estate, really bad reuben, Realtor at Keller Williams Arizona Realty, Realtor at Orion Fine Homes LLC, Realtor at Tru Realty, Rebecca DeVaney, Rebecca Osbeck, Rebecca Walcott, Registered Nurse, Registered nurse at Southeast Valley Endoscopy Center, Retired, Rick Elinski, Rieley Scott, Rita McDonald O'Brien, Rolando Mota, ronald sell, Ronnie Lash, Rosanne Markham, Rose McCaffrey, Rosemarie Capozzoli Braunstein, Rosemead High, Ryan Barr, Sacramento State, Safety Supervisor at NAIPTA - Mountain Line Bus, Sales at American Family Insurance, Sam Adams, Sarah Waller, Scott Ruel, Scottsdale, Scottsdale Community College, Section Membership, Self-Employed, Severn, Sharon Caywood, Shelley Mckenzie Randall, Sherman & Howard, Sheryl Higgins, sideswipe, Skeeter Wingler, slur, Spencer Dohm, Springdale, Sr. Mortgage Loan Officer at Security National Mortgage Company Promenade, Stanley Jones II, Star Valley, Staunton, Steffanie Ray Garguilo, Stephanie Adams-Lowe, Steven Korn ReSound, Susan Solliday, Susan Stoecklein, Tara D'Ambrose Vagalatos, Tate Skinner Kelly, Teri B Haney, The University of Texas at Austin, ThirdAge at Crosier Fathers and Brothers, thomas hopkins, Thomas Kelly, Tiffany Olsson Konvalin, Tim Fruth, timothy baker, Todd Burke, Tom Kelly, Tom Walcott, Tonya Ainsworth, Tori Wells, toyota, Trial Practice Section, Trina Gunzel, Tucson, Tulsa Community College, United States Army, University of Arizona College of Law, University of New Mexico, University of New Orleans, University of Phoenix, Ventilation, Vice President, Vicki Hinkle, Victoria Marie Stevens, Virginia, Wade Rusk, Wamego, Wanda Frost-Talamante, Washington State University, Wichita East High School, Will Craig, Will Hallett, William Elledge, William Peace, Worcester, Wyatt Boatright, Yard Dog at Foxworth GalbraithLeave a comment on Matthew J Kelly of the Law Firm Kelly McCoy PLC – Extreme DUI in violation of Arizona Revised Statutes, Section 28-1382(a)(2)

Recent Posts

  • Matthew J Kelly of the Law Firm Kelly McCoy PLC – Extreme DUI in violation of Arizona Revised Statutes, Section 28-1382(a)(2)
  • Arizona Attorney Matthew J Kelly – Jail records and jail intake photo for Extreme DUI – Maricopa County
  • The scheduling issues in this case clearly are the result of (Kelly’s) lack of familiarity with the mechanics of the new scheduling rules and the virtual gutting of Rule 38.1, Ariz. R. Civ. P.
  • As of the date of this Complaint, Defendant(s), Kevin McCoy, owe(s) Plaintiff the sum of $10,549.71(on one or more credit card accounts) plus 10% Arizona Statutory interest after Judgment pursuant to A.R.S. § 44—1201
  • Matthew Kelly completes alcohol screening to avoid an Arizona Sate Bar complaint

Recent Comments

    Archives

    • February 2016
    • January 2016

    Categories

    • Arizona Bankruptcy
    • Credit Card
    • DUI with children in car
    • Extreme DUI
    • Kelly McCoy cases
    • Unfamiliar with Arizona Rules of Civil Procedure

    Meta

    • Log in
    • Entries RSS
    • Comments RSS
    • WordPress.org
    Kelly McCoy PLC – Extreme DUI – Phoenix Attorney Matthew Kelly Proudly powered by WordPress