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.

For example, had Plaintiff timely propounded discovery on May 29, 2015, as permitted by the scheduling order, the responses would not have even been due until July 13, 2015, leaving a little more than two weeks to satisfy Rules 26(g) and 37(a)(2)(C), Ariz. R. Civ. P., then file a motion to compel if efforts to obtain the discovery were unsuccessful, in order to meet the discovery cutoff date. The scheduling issues in this case clearly are the result of lack of familiarity with the mechanics of the new scheduling rules and the virtual gutting of Rule 38.1, Ariz. R. Civ. P.

Matthew Kelly of Kelly McCoy PLC unfamiliar with Arizona Rules of Civil Procedure
Matthew Kelly of Kelly McCoy PLC unfamiliar with Arizona Rules of Civil Procedure

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


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SEIDBERG LAW OFFICES, P.C.
P.O. Box 7290
Phoenix, Arizona 85011
(602) 248—8117

Kenneth W. Seidberg, SBA #3690
Joseph L. Whipple, SBA #21391
Attorneys for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA AND FOR THE COUNTY OF MARICOPA

CITIBANK SOUTH DAKOTA, N.A.,

CV2004—012363

C O M P L A I N T

Plaintiff, VS.

KEVIN MCCOY and (Credit Card Account(s))

JANE DOE, Spouse

Defendants.

Plaintiff, CITIBANK SOUTH DAKOTA, N.A., alleges as follows:

1. Plaintiff, CITIBANK SOUTH DAKOTA, N.A., is national banking association based in South Dakota and the subject debt arises out of credit card transactions that occurred in the above captioned County/Precinct/State and/or the Defendant(s) reside(s) in said County/Precinct and State;

2. As of the date of this Complaint, Defendant(s) 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 8 § 44—1201, and Plaintiff has applied any payments/credits previously received (see attached exhibits);

3. Plaintiff has made all demands and taken all actions necessary to nature and/or accelerate the obligation and Defendant(s) has(have) failed and refused to pay the amount alleged to be due and owing;

4. To the extent the Defendant(s) was (were) married during the times that purchases were made, Plaintiff alleges the debt to be both community and separate in nature. If the debt is solely a pre—marital one, the nondebtor Spouse is joined only as a necessary party pursuant to Arizona Law.

WHEREFORE, Plaintiff prays for Judgment against Defend— ant(s), both separately and as a community, if applicable, and each of them, for the amount stated above, plus interest, costs and such other relief as the Court deems just and proper.

DATED this 24—Jun—04.

SEIDBERG LAW OFFICES, P.C.

Qt

Joseph L. Whipple, SBA #21391

Citibank (South Dakota), NA.

Plaintiff, Vs AFFIDAVIT

kavm mccov 5424180526703217

Defendant,

STATE OF MISSOURI )

COUNTY OF PLATFE

)ss:

W, who is of lawful age, after first being duly sworn, deposes and says as follows:

1‘

Personally known to me. subscribed and sworn to before me, a notary pub’

Citicorp Credit Services, Inc. (USA), referred to as “CCSl/USA” herein, and the Plaintiff Citibank (South Dakota), NA. are both wholly owned subsidiaries of Citigroup, Inc. By contract, CCSl/USA has agreed to collect debt owed to Citibank (South Dakota), MA. on its credit card accounts.

By virtue of the described contract relationship and my employment, all information contained in and/or about delinquent Citibank (South Dakota), N.A. credit card accounts are made available to me for the purpose of collecting such delinquent debt, I have personal knowledge of all relevant financial and account information concerning Citibank (South Dakota), N.A. account number 5424180526703217 . which is made the subject of this lawsuit, including: the name and address of the debtor, the history of all charges representing loans, finance charges, fees imposed; payments made and credits received: the outstanding balance due; that Defendant did apply for and was issued that credit card account by Citibank (South Dakota). N.A.; that Defendant did thereafter use or authorize the use of the credit card account for the purpose of obtaining loans to purchase goods and services or cash advances; that Defendant has been provided monthly statements required by the Federal Truth in Lending Act describing the amount due; that Defendant did fail to make timely payments on the credit card account according to the terms of the card agreement and as requested on monthly statements of account; and that Defendant is presently in default of those terms By virtue of such default the entire balance of $10,549.71 on the account is presently due and owing.

Demand for payment of the balance owing was made more that thirty (30) days prior to making this affidavit, after which the attorneys representing Citibank (South Dakota). NA. were retained for the purpose of collecting the delinquent debt owed on the credit card account referenced above.

Exhibit A attached hereto is a hard copy print out of the financial information, including the balance owing, residing on the Citibank (South Dakota), NAA. computer system as of the date the account(s) was (were) referred for collection to the attorney maintaining this lawsuit. The balance owing on the date of referral has remained unchanged from and after that date,

The debt reflected on Exhibit A is delinquent, past due and remains due and owing. Plaintiff is the party and entity to whom the delinquent debt is owed. There are no set-offs, credits, or allowances due or to become due from the Plaintiff to the Defendant, other than those set forth herein or set forth on Exhibit A attached hereto.

Defendant has made no claim of being an active member in the military services of the United States or any state thereof. and to the best of my knowledge, the defendant is not an active member in military service. Nor has Defendant requested reduction of the interest rate on the account to six percent (6%) pursuant to the Soldiers and Sailors Civil Relief Act.

Affiant

Attorney Management Specialist Title

r the state of Missouri, this A 5 day of Jun 04

CRYSTAL L. ALDRIDGE ;

Notary Public — Notary Seal AZ.3929.18

(SEAL) My Commission Expires:

State of Missouri Clinton County My Commission Expires February 18, 2005

‘ 06/21/04 510549.71. 59999.99 06/04/04 CITI CARDS P.0. BOX 6418 KEVIN MCCOY THE LAKES. NV ATTKV ACCOUNT-CODE=LB41 83901-6418 PMOENIX AZ 85029-2312000 A.

Citi” Dividend Platinum Select“ Card Cl ‘

AWN-fiber 5424 1805 2670 3217

Cusiomer 50m 1am cmm Line Available Cndh Llnl cash nuance LII-nit Molt-II: cm. Llnm new uni-nee

—800-925- 8871

1 514200 $0 53900 so 310549.71

a” “0° Statement] Amount 0m Puma/Any Mlnlmum

THE LAKES . IIV ciuin am “In Lin. Pm Du. Inlnulm Duo Amount iw-

09163-6000 05/26/2 04 0.00 31613.05 224.00 310549.71 SIB Dull Post Dd. Rullrllto lumblr Lemmy Slut! List Mint!“ Annunl

Please note mat payments must be received by 1:00 p.m.. local time, an a pank husmess day at the pa men; processing facfligy that handles your aymen 5. “I order to be credi ed to your account as uf that day, and Qayments must conform to

the payment instructions set forlh on the reverse side. All confqrmm; paymeMs received git the_ Eavmenl’ rocessmq facnity after that time will e crcdi ed as of the following hank buso9css

day.

Hel is available! Please call the tall-frce null or shown above m learn about pur special ayment o lions. Call uondav – Friday. 7 am to pin, nr‘ alums , 6 am 105 pm. Central Time. Please qwe us t e opportunity to assist you.

firm/mus 2+ Bureaus“ H Baymenf: {+5 METRE! 3:) pr Accu‘m Mm“ Balance 8- Advances 8. Credits CHARGE Balance PURCHASES $10.549.7l 0.00 0.00 0.00 510,549.71 ADVANCES $0.00 0.00 0.00 0.00 $0.00 TOTAL 510,549.71 0.00 0.00 0.00 510,549.71 Dix: This Bllllns Perlon: 29 Ba uric: 5:) no a Penn 1: Naming ANNUAL Rm 5mm” Finance Char e Rate APR PERCENT GE TE PURCHkSES Standard Purch $0.00 0.07668’M0) 27.9905 27.9905 Purcn/Adv thru 08/27/2003 50.00 D.07668%(0) 27.9901: {7.990% ADVANCES Standard Adv $0 .00 0.07668MD) 27 . 990% 27 . 990%

SITEzKC-CL TM:C0’5000 ACIlJzKCBTlSD

18:58:52:

I l

JACOB MARTINEZ Accounl 5491 1303 N80 3792 Nari! 8 – May1u,2m4

|n the return envelope. please:

1 Endoscyonrchusmr money order. lndude your account number and name on the from of your draw or money order.

Please, no cash or foreign currency.

2 Encloscynurpaymemmupm. Do not staple or tape it to your

payment. Insert the payment coupon so that the entire AT&T Universal Card address appears through the windaw of your remittance envelope.

Page 2 013 m1

‘ “’ SEIDBERG LAW OFFICES. P.C.

“.\ ‘

JOSEPH L. wHIPPLE. 5559.. W“ cm

STATE Bar # 21391 ~ENFD ‘. y

2412 E. CAMPBELL AVE., SUITE 200 “fig-‘35; nEPnSUW

PHOENIX, AZ 85016 U 212 (602)248-3117 m“ JUL \3 PH

ATTORNEY FOR THE PLAINTIFF ‘

‘ “’ SEIDBERG LAW OFFICES. P.C.

“.\ ‘

JOSEPH L. wHIPPLE. 5559.. W“ cm

STATE Bar # 21391 ~ENFD ‘. y

2412 E. CAMPBELL AVE., SUITE 200 “fig-‘35; nEPnSUW

PHOENIX, AZ 85016 U 212 (602)248-3117 m“ JUL \3 PH

ATTORNEY FOR THE PLAINTIFF ‘

IN THE SUPERIOR COURT FILED DE}, MARICOPA COUNTY, STATE OF ARIZONA BYEoLEEs

CITIBANK SOUTH DAKOTA, N.A., N0. CVZOO4—012363

ATTEMPTED SERVICE BY PRIVATE PERSON

PLAINTIFF vs

KEVIN MCCOY AND JANE DOE, SPOUSE ASSIGNED TO THE HONORABLE

JUDGE:

DEFENDANT

STATE OF ARIZONA ) 55. County of Maricopa )

The undersigned. being first du1y sworn, states: 1. That I am fully qualified. pursuant to RCP 4(d). to serve process in this cause:

2. That on 06/28/2004 I received the f011owing documents:

a) SUMMONS 8 COMPLAINT b) CERTIFICATE 0N COMPULSORY ARBITRATION c)

d)

e)

f)

g)

h)

i)

j)

k)

1)

Track Down, Inc. CTTent ID NO….: 4-1830 PO Box 56846 Field Report No_: 4062376 (v2.12)

Phoenix, AZ 85079-6846 (602) 252-8521

U

3. That the person served does not have any military obligations, except as noted below.

4. That if this is an affidavit of posting of a trustee’s sale, a due and diligent effort to ascertain whether or not trustors are affiliated with the military service was done, and no one could be found at the posting location who had knowledge of the trustors except as noted below.

5. That I personally served copies of the above documents, on the person at the time, piace and manner as follows:

ATTEMPTED SERVICE UPON KEVIN MCCOY, AT 3219 WEST CHARTER OAK ROAD, PHOENIX, ARIZONA, 35029. SERVICE HAS ATTEMPTED HERE ON 6/29 AT 8:05 A.M., 7/3 AT 7:50 A.M., 7/A AT 5:10 P.M., 7/5 AT 8:25 P.M. AND ON 7/7 AT 5:20 A.M.

THE DEFENDANT IS AVOIDING. DURING THESE ATTEMPTS I COULD HEAR ACTIVITY INSIDE THE RESIDENCE BUT NO ONE WOULD OPEN THE DOOR. PER THE MARICOPA COUNTY ASSESSOR’S OFFICE AND PER THE COLE’S DIRECTORY THE DEFENDANT RESIDES HERE. I SUGGEST ALTERNATIVE SERVICE IN ACCORDANCE WITH RCP 4.1(m), BE CONSIDERED.

0 Document(s) I certify under penalty of perjury that served: 3 0.00 the foregoing is true and correct.

0 U/G(s) Executed on: served: 0.00 Monday the 12th Day of Ju1y, 2004

O SaTes Notices

posted: 0.00 16 Miies: 38.40 7% Min. Miies Tota’l 0.00 _________ _ : _______________________ -_

Document Prep. Fee 8.00 Leonard P. LoBreglio

Witness Fee 0.00 Registered in Maricopa Fiiing Fee 0.00 Additional Cost 0.00 0.00 Track Down, Inc. 0.00 PO Box 56846 Phoenix, AZ 85079-6846 TOTAL 3 46.40 (602) 252-8521

4062376 (v2.12)

mum in JEAEEE. ELEM»

VED €010 SEIDBERG LAW OFFICES, P.C. “€332ng {Isms-HORY P.O. Box 7290 ‘ _ 0 Phoenix, Arizona 85011 mqu -h PH 2-0 (602) 248—8117 ‘ . BLED Kenneth W. Seidberg, SBA #3690 BY3HOPKDm DE?

Joseph L. Whipple, SBA #21391 Attorneys for Plaintiff

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA

CITIBANK SOUTH DAKOTA NA, ‘ CAUSE NO: CV2004-012363

Plaintiff, MOTION TO ALLOW SERVICE UNDER ARIZONA RULES OF CIVIL PROCEDURE 4.1(M)

AND ORDER

VS

KEVIN MCCOY and JANE DOE, Spouse

Defendant(s).

\,V\,~.,VVVV\,V

COMES NOW the undersigned attorney for Plaintiff and respectfully noves this Court for its order allowing service of the Summons and Complaint in the above entitled matter upon Defen— dant(s), KEVIN MCCOY and JANE DOE, Spouse by posting the summons and complaint on the doorstep of the residence located at the address set forth below, and by mailing a copy of same to the Defendant(s) at the same address. The basis for this is more fully set forth in the attached Memorandum of Points and Authori— ties. Debtors‘ Address:

3219 W Charter Oak Rd Phoenix Arizona 85029—2312

RESPECTFULLY SUBMITTED this Q day of , 2093/

SEIDBERG LAW OFFICES, P.C.

Josep L. Whipple, SBA #21391 Attor ey for Plaintiff

McCoy – Aggravated Driving or Actual Physical Control While Under the Influence of Liquor With a Person Under the Age of 15 in the Vehicle

Josie McCoy Mugshot - DUI with children

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

ORIGINAL PAGE NUMBER: 1 DR NUMBER: 2002 21401968

REPORT DATE: 20020731 TIME: 0502

OFFENSE: 390D

TYPE OF REPORT: AGGRAVATED DUI

PROSECUTION DESIRED: YES SUSPECT[S]: BOOKED LOCATION: N 32ND AVENUE BEAT: 0913 GRID: BJ21 W CAMELBACK ROAD DATE/TIME OF OCCURRENCE: TUE 073002 2122 REPORTING OFFICER[S]: MICHAEL MCANERNY 7126 UNIT: 91K TRAVIS HUNTER 7235

PREMISES: VEHICLE STREET/ROADWAY/ALLEY

OFFENSE INVOLVED: BIAS –

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

****

**** SUSPECT INFORMATION

ARRESTED PERSON-01: NAME: MCCOY, JOSIE REYNA

RACE: W SEX: F AGE: DOB: 1959 HT: 504 WT: 140 HAIR: BLK EYES: BRO SSN: OLN: D016 AZ R&I: PACE

WORK HOURS: VARIOUS DAYS OFF: VARY LEVEL OF FORCE RESTRAINT,JOINT LOCKS,PRESSURE PTS,OR CUFFS

ARREST: DATE: 073002 TIME: 2141 DAY: TUE GRID: BJ21 LOC: 003200 W CAMELBACK ROAD PHOENIX AZ PHX.P.D. BOOKING NO: 000002212005 **** VICTIM INFORMATION **** VICTIM —01: NAME: STATE OF ARIZONA VICTIM -02: NAMEz: _ RACE: H SEX: F AGE: DOB: 1991 HT: 503 WT: lOl HAIR: BLK EYES: BRO SSN:

OCCUPATION: STUDENT/5TH GRADE

CAN ID SUSPECT(S): YES SUSPECT(S): APl

VICTIM REQUESTS NOTIFICATION

2002 21401968 Continued. PUBLIC RECORDS

V 7 an? [C ARE; 39.1%,, EEK. Seq

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

ORIGINAL PAGE NUMBER: 2 DR NUMBER: 2002 21401968

**** SUSPECT VEHICLE **** VEHICLE NUMBER: 01 INVOLVED PERSON: AP—Ol MCCOY JOSIE REYNA VEHICLE YEAR: 99 MAKE: KIA MODEL: STYLE: 4D VIN: KNAFB1219X5797133 OAN: COLOR: TOP/SOLID—WHI LICENSE PLATE: 952EDx STATE: AZ TYPE: PC YEAR: 02 *** PROPERTY/EVIDENCE ***

RECOVERY LOCATION: 000000

DATE: 000000 SEARCH WARRANT INVOLVED: 0001 PKG 001 CODE:EI v 02 2 ITEM: IPHOTO BRAND: POLARO MODEL: PHOTO COLOR: SIZE: QUANTITY: 0001 SERIAL/ACCT/ID:

DESCRIPTION: ONE POLAROID PHOTO OF V2.

0002 PKG 002 CODE:CI APOl

LAB/FIELD:A ITEM: PSPECIM BRAND: MODEL: BLOOD COLOR: SIZE: QUANTITY: 0001 SERIAL/ACCT/ID: DESCRIPTION: BLOOD KIT TAKEN FROM AP1. BAC

**** NARRATIVE **** SERIAL NUMBER: 7126

ON 073002 AT APPROXIMATELY 2122 HOURS, APl JOSIE MCCOY COMMITTED AGGRAVATED DUI BY DRIVING A VEHICLE IN THE STATE OF ARIZONA WHILE UNDER THE INFLUENCE OF ALCOHOL BY HAVING HER DAUGHTER V2 , IN THE VEHICLE WITH HER AT 3200 WEST CAMELBACK.

ON 073002 AT APPROXIMATELY 2122 HOURS, OFFICER HUNTER #7235 AND I WHILE RIDING AS A TWO MAN UNIT WERE TRAVELLING EASTBOUND ON CAMELBACK FROM 35TH AVENUE. WE WERE TRAVELLING IN THE #1 LANE AND AT APPROXIMATELY 34TH AVENUE BEGAN PASSING A WHITE SEPHIA KIA IN THE CURB LANE. AS WE WERE PASSING THE KIA, IT SWERVED INTO OUR LANE APPROXIMATELY ONE AND A HALF FEET CAUSING OFFICER HUNTER TO SWERVE INTO THE TURN LANE TO AVOID A COLLISION. WE PULLED UP NEXT TO THE WHITE KIA WHERE OFFICER HUNTER TURNED ON HIS LIGHTS.

AS I LOOKED INTO THE KIA, I OBSERVED A HISPANIC FEMALE, LATER IDENTIFIED AS APl JOSIE MCCOY SITTING IN THE DRIVER’S SEAT. API WAS SLUMPED OVER THE WHEEL. HER FACE WAS APPROXIMATELY THREE TO FIVE INCHES AWAY AND BOTH OF HER HANDS WERE ON THE TOP OF THE STEERING WHEEL. WHEN OFFICER HUNTER LIT UP THE WINDOW, APl NEVER TURNED TO LOOK AT OUR VEHICLE. OFFICER HUNTER SLOWED DOWN HIS CAR AND WE PULLED BEHIND THE WHITE KIA. THE KIA WAS TRAVELLING APPROXIMATELY 4OMPH AT WHICH TIME OFFICER HUNTER INITIATED A TRAFFIC STOP. THE WHITE KIA SLOWED DOWN TO APPROXIMATELY 10~15MPH WHILE CONTINUING TO TRAVEL EASBOUND. THE VEHICLE TURNED RIGHT ONTO 32ND AVENUE

2002 21401968 Continued.

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

ORIGINAL PAGE NUMBER: 3 DR NUMBER: 2002 21401968

IN THE REAR PASSENGER SEAT I OBSERVED A YOUNG HISPANIC FEMALE LATER IDENTIFIED AS V2 OFFICER HUNTER MADE CONTACT WITH AP1.

I HEARD HIM ASK AP1 IF SHE KNEW WHY WE PULLED HER OVER. SHE STATED THAT SHE DID NOT. HE THEN INFORMED HER THAT SHE SWERVED INTO OUR LANE AND ALMOST HIT US. AP1 DENIED SWERVING INTO OUR LANE. OFFICER HUNTER SPOKE WITH AP1 FOR A MOMENT LONGER AND ASKED HER TO EXIT THE VEHICLE. HE THEN ASKED ME IF I COULD GO TALK WITH AP1 BECAUSE HE BELIEVED HE SMELLED AN ODOR OF ALCOHOL ON HER BREATH. AS I WALKED OVER TO AP1, I OBSERVED THAT SHE HAD A FLUSHED FACE AND WATERY EYES. AS I SPOKE TO AP1, SHE HAD HER RIGHT HAND HOLDING ONTO THE OPEN FRONT DRIVER DOOR FOR BALANCE. I WALKED UP TO AP1 AND ASKED HER IF SHE HAD ANY ALCOHOL TO DRINK THAT NIGHT. SHE FIRST ANSWERED THAT SHE DID-NOT. AS SHE SPOKE, I SMELLED A MODERATE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH. AFTER SPEAKING WITH HER, I ASKED HER TO STEP AWAY FROM THE DOOR WHILE I CONTACTED THE HISPANIC MALE SITTING IN THE FRONT PASSENGER SEAT. AS I LEANED INTO THE CAR, I SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM IT. I ASKED THE HISPANIC MALE IF THEY HAD BEEN DRINKING ALCOHOL. THE HISPANIC MALE DENIED IT. I THEN LOOKED BACK AND ASKED V2 WHAT HER RELATIONSHIP WAS TO AP1. SHE STATED AP1 WAS HER MOTHER. I THEN STEPPED BACK AND RECONTACTED AP1. I INFORMED HER THAT I SMELLED AN ODOR OF ALCOHOL COMING FROM’HER AT WHICH TIME SHE MADE MENTION TO A COLOGNE SHE WAS WEARING. AS I SPOKE WITH AP1, I NOTICED THAT SHE HAD A HEAVY SWAY FROM FRONT TO BACK SWAYING APPROXIMATELY SIX TO EIGHT INCHES. I ASKED AP1 TO STEP AWAY FROM THE BACK OF HER CAR SEVERAL TIMES. AS SHE STEPPED AWAY, IT APPEARED SHE BEGAN LOSING BALANCE SO SHE STEPPED BACK AND LEANED AGAINST THE VEHICLE. BASED ON APl’S DRIVING BY SWERVING OVER THE LANE AND ALMOST COLLIDING WITH US, THE ODOR OF ALCOHOL FROM HER BREATH, HER FLUSHED FACE AND WATERY EYES, I ASKED HER IF SHE WOULD COMPLETE SOME FSTS FOR ME. AP1 STATED THAT THIS WAS ALL UNNECESSARY AND WE WERE NOT BEING FAIR TO HER. I INFORMED HER THAT I BELIEVED THAT SHE MAY BE UNDER THE INFLUENCE OF ALCOHOL AND I WOULD LIKE HER TO COMPLETE THE FSTS. AP1 STATED THAT SHE WOULD ATTEMPT THE FSTS. AP1 STATED SHE DID NOT HAVE ANY DISABILITIES NOR DID SHE GET A BUMP ON THE HEAD.

WHILE I WAS PROCEEDING WITH MY FSTS WITH AP1, OFFICER HUNTER ASKED THE DISPATCHER FOR AN HGN OFFICER TO RESPOND TO OUR LOCATION AND OFFICER MANNING #6137 WAS EN ROUTE. THE FIRST FST I ATTEMPTED TO DO ON AP1 WAS THE ONE LEG STAND. I EXPLAINED THE DIRECTIONS OF THE ONE LEG STAND AND ASKED IF SHE UNDERSTOOD THE DIRECTIONS. SHE STATED SHE DID. I ASKED HER IF SHE WOULD BEGIN THE TEST AT WHICH TIME SHE LOOKED AT ME AGAIN AND WANTED ME TO RE EXPLAIN IT. AFTER I EXPLAINED IT THE SECOND TIME, AP1 ASKED ME WHICH LEG SHE SHOULD LIFT UP. I INFORMED HER THAT SHE HAD THE CHOICE. AP1 ORIGINALLY PICKED UP HER RIGHT FOOT AND HELD IT FOR APPROXIMATELY ONE SECOND. SHE THEN STAGGERED TO HER LEFT TWO TO THREE STEPS. SHE THEN RECOMPOSED HERSELF AND ATTEMPTED TO DO THE TEST WITH THE LEFT FOOT UP. SHE LASTED APPROXIMATELY TWO TO THREE SECONDS AND PLACED HER FOOT DOWN. AP1

2002 21401968 _ Continued.

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

ORIGINAL PAGE NUMBER: 4 DR NUMBER: 2002 21401968

DID NOT RAISE HER FOOT AGAIN. I ASKED AP1 IF SHE UNDERSTOOD THE DIRECTIONS. SHE STATED SHE DID, I ASKED WHY SHE DID NOT COUNT OUT LOUD. SHE STATED SHE FORGOT. IT SHOULD BE NOTED THIS FST WAS COMPLETED ON ASPHALT BETWEEN APl’S VEHICLE AND THE PATROL CAR.

I THEN OBSERVED A HOUSE JUST TO THE EAST OF OUR LOCATION WHICH HAD AN EXTENDED DRIVEWAY WHICH WAS FLAT. THE LINES IN THE DRIVEWAY WERE LONG ENOUGH SO THAT WE COULD DO THE NINE STEP WALK AND TURN AND THEY DID NOT HAVE ANY ELEVATION, I ESCORTED AP1 TO THAT LOCATION AND HER STAND IN IN THE NINE STEP WALK AND TURN POSITION WHILE I EXPLAINED THE TEST. AFTER I EXPLAINED THE FST THE FIRST TIME, I ASKED AP1 IF SHE UNDERSTOOD IT. SHE LOOKED AT ME AND ADVISED IT WAS NOT RIGHT FOR ME TO USE SOMEONE ELSES DRIVEWAY FOR THE FST. AS SHE WAS EXPLAINING THIS TO ME THE HOMEOWNER EXITED THE SIDE GATE AT WHICH TIME I ASKED IF I COULD USE HIS DRIVEWAY. HE STATED THAT I COULD AND HE EVEN TURNED ON A MOTION LIGHT SO WE COULD SEE BETTER. I RE EXPLAINED THE NINE STEP WALK AND TURN. I ASKED AP1 IF SHE UNDERSTOOD IT. SHE STATED SHE DID. AP1 TOOK ELEVEN STEPS FORWARD. EVERY STEP HAD A THREE TO FIVE INCH GAP. ON THE FIFTH STEP SHE STAGGERED OFF TO THE LEFT AND RECOMPOSED HERSELF. SHE DID NOT COUNT OUT LOUD AND USED HER ARMS FOR BALANCE. AFTER AP1 RECOMPOSED HERSELF AND STOOD THERE. SHE THEN STATED SHE WAS DONE WITH THE FST. I THEN ESCORTED AP1 NEXT TO OUR PATROL VEHICLE WHILE OFFICER HUNTER STOOD BY AND SPOKE WITH HER. I THEN RECONTACTED V2 AND ADVISED HER THAT I NEEDED TO GET A PHOTOGRAPH OF HER AT WHICH TIME SHE EXITED HER VEHICLE AND STOOD NEXT TO IT. I WENT TO MY PATROL VEHICLE AND GOT MY DIGITAL CAMERA. I RETURNED TO V2 AND TOOK ONE POLAROID PICTURE OF HER. THE PICTURE WAS LATER IMPOUNDED AT CACTUS PARK STATION AS EVIDENCE SHOWING V2 WAS UNDER THE AGE OF 15 FOR THE AGGRAVATED

DUI.

AT APPROXIMATELY 2139 HOURS, OFFICER MANNING ARRIVED ON SCENE. AT 2140 HOURS, HE PERFORMED HGN WITH AP1 IT SHOULD BE NOTED AP1 KEPT HER GLASSES ON DURING THE HGN TEST. OFFICER MANNING STATED HE GOT SIX CUES ON THE TEST HE ALSO ASKED ME IF I COULD INCLUDE IN MY AIR APl’S HEAVY SWAY FROM FRONT TO BACK AT 2141 HOURS, AP1 WAS PLACED UNDER ARREST FOR AGGRAVATED DUI. THE FRONT MALE PASSENGER OF THE VEHICLE CONTACTED A FRIEND OF AP1 TO COME AND GET THE VEHICLE LATER. HE ALSO STATED HE WOULD WATCH OVER V2 UNTIL AP1 GOT OUT. AP1 STATED THAT WAS OKAY WITH HER. SHE STATED THAT SHE AND THE MALE HAD BEEN LONG TIME FRIENDS OF TEN YEARS. SHE ALSO STATED SHE WANTED ALL HER PROPERTY TURNED OVER TO HIM. THE ONLY PROPERTY THAT WAS KEPT FOR AP1 WAS THE IGNITION KEY. OFFICER HUNTER AND I TRANSPORTED AP1 TO I-17 AND NORTHERN, THE K—MART PARKING LOT WHERE OFFICER TIEMAN #5462 ATTEMPTED TO PROCESS HER FOR DUI. AP1 REFUSED TO DO THE BREATH TEST ON THE FIRST TIME. OFFICER TIEMAN EXPLAINED TO AP1 THAT IF SHE DID NOT SUCCESSFULLY COMPLETE THE BREATH TEST HER LICENSE WOULD BE SUSPENDED FOR ONE YEAR AND OFFICER HUNTER AND I WOULD GET A WARRANT TO GET A BLOOD SAMPLE;E. AP1 ANSWERED,D “FINE THEN TAKE MY BLOOD.” WHEN THE SECOND BREATH SAMPLE CAME AROUND SHE GAVE APPROXIMATELY ONE SECOND BURST OF AIR AT 0227 HOURS AT .176 DEFICIENT SAMPLE. AP1 THEN PRETENDED TO TRY TO BLOW IN THE TUBE. SHE STATED SEVERAL TIME BECAUSE SHE HAD . SHE APPEARED TO SPEAK IN A CLEAR VOICE AND DID NOT HAVE ANY PROBLEMS. AP1 CONTINUED TO DECEIVE THE MACHINE BY BREATHING SOFTLY OR UNTIL HER THREE MINUTE TIME WINDOW EXPIRED. AT THAT

2002 21401968 Continued.

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

ORIGINAL PAGE NUMBER: 5 DR NUMBER: 2002 21401968

TIME APl WAS ESCORTED OUT OF THE DUI VAN AND PLACED INTO MY VEHICLE. OFFICER MANNING RESPONDED TO THE SCENE TO HELP ME WITH THE SEARCH WARRANT. AFTER THE PAPER WAS FILLED OUT AT THE DUI VAN, OFFICER MANNING, OFFICER HUNTER AND I TRANSPORTED APl TO THE CACTUS PARK STATION WHERE OFFICER MANNING FAXED THE TELEPHONIC WARRANT TO JUDGE TOLBY .JUDGE TOLBY SIGNED THE WARRANT AT WHICH TIME OFFICER MANNING CONTACTED OFFICER TREADWAY #6241 WHO IS A CERTIFIED PHLEBOTOMOMIST RESPONDED TO OUR LOCATION. OFFICER TREADWAY RESPONDED TO CACTUS PARK AND AT 0051 HOURS, HE SWABBED APl’S LEFT ARM WITH A NON ALCOHOLIC IODINE SWAB. HE REMOVED TWO VIALS OF BLOOD FROM HER LEFT ARM.HE THEN SEALED TO VIALS OF BLOOD IN THE BLOOD BOX. HE THEN GAVE THE BLOOD BOX TO ME FOR CHAIN OF CUSTODY. OFFICER TREADWAY STATED HE WOULD FILL OUT A SUPPLEMENT WHICH WAS LATER ATTACHED TO MY AIR. OFFICER TAYLOR #6110 AND FLYNN #2921 WERE RIDING AS A WAGON. AFTER THE BLOOD WAS SEALED IT WAS GIVEN TO ME I GAVE IT TO OFFICER TAYLOR TO IMPOUND AT 620 WEST WASHINGTON. OFFICER TAYLOR IMPOUNDED THE BLOOD WHICH ENDED OUR CHAIN OF CUSTODY. APl WAS BOOKED INTO MADISON FOR ONE COUNT AGGRAVATED DUI 28—1383.A.3 BY DRIVING UNDER THE INFLUENCE OF ALCOHOL WHILE DRIVING WITH A CHILD UNDER 15 IN THE VEHICLE. FOR FURTHER INFORMATION ON OFFICER HUNTER’S ORIGINAL CONTACT WITH AP1, PLEASE SEE HIS SUPPLEMENT.

PASS/A3608/7l26/LIVE/073102/0541

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL—IN SUPPLEMENT: INVOICES: 2995441 2995440 DR ENTERED BY : A3608 DR FINALIZED BY : A3608

END OF REPORT DR NO: 2002 21401968

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

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2002 21401968 1

REPORT DATE: 20020731 TIME: 0502

TYPE OF REPORT: AGGRAVATED DUI OFFENSE: 390D

PROSECUTION DESIRED: YES SUSPECT[S]: BOOKED

LOCATION: N 32ND AVENUE BEAT: 0913 GRID: BJ21

W CAMELBACK ROAD

DATE/TIME OF OCCURRENCE: TUE 073002 2122

REPORTING OFFICER[S}: MICHAEL MCANERNY 7126 UNIT: 91K TRAVIS HUNTER 7235

PREMISES: VEHICLE STREET/ROADWAY/ALLEY

OFFENSE INVOLVED: BIAS –

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

= *** REQUEST FOR SCIENTIFIC ANALYSIS *** =

CURRENT DR IS: 2002 21401968 001 BIOLOGICAL EVID (BLOOD,SEMEN,TISSUE):

NAM: NAM: OFFzAGGRAVATED DUI LOCATION: 000000 N 32ND AV JAILED: OFCR REQ OF ANALYSIS:MCANERNY, MICHAEL DATE OCC:000000 TIME:OOOO (LAST,FIRST,MIDDLE) FIRM NAME USE BUS. DATE REQ:073102 TIME:0502 VIC: DUI RELATED: BUS:

MARIJUANA: DRUGS: BLOOD ALc: BREATH ALC: OTHER: PER INVOICE: INVOICE ITEM # SFX TYPE INVOICE ITEM # SFX TYPE 0002995441 0002 PSPECIM BLOOD DRAWN BY: 1.DATE/TIME DRAW:OOOOOO / 0000 LOC OF DRAWING: 2.DATE/TIME DRAW:OOOOOO / 0000

**** NARRATIVE **** SERIAL NUMBER: 7126

BAC

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT:

2002 21401968 1 Continued.

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

VSUPPLEMENT PAGE NUMBER: 2 DR NUMBER: 2002 21401968 1 INVOICES: DR ENTERED BY : A3608 DR FINALIZED BY : A3608

END OF REPORT DR NO: 2002 21401968 001

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

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2002 21401968 2

REPORT DATE: 20020731 TIME: 0455

TYPE OF REPORT: AGGRAVATED DUI OFFENSE: 390D PROSECUTION DESIRED: YES SUSPECT[S]: BOOKED LOCATION: N 32ND AVENUE BEAT: 0913 GRID: BJ21 W CAMELBACK ROAD DATE/TIME OF OCCURRENCE: TUE 073002 2121 / TUE 073002 2140 REPORTING OFFICER[S]: TRAVIS HUNTER 7235 UNIT: 91K MICHAEL MCANERNY 7126 PREMISES: STREET/ROADWAY/ALLEY OCCUPIED: YES

OFFENSE INVOLVED: BIAS –

r **** NARRATIVE **** SERIAL NUMBER: 7235

ON 073002 AT APPROXIMATELY 2121 HOURS, WHILE RIDING IN A TWO-MAN UNIT, OFFICER MCANERNY #7126 AND I WERE TRAVELING EASTBOUND ON CAMELBACK ROAD FROM 35TH AVENUE, WHEN WE OBSERVED A 1999 KIA FOUR-DOOR SEDAN THAT WAS WHITE IN COLOR TRAVELING IN THE CURB LANE IN FRONT OF US, EASTBOUND ON CAMELBACK FROM 35TH AVENUE. AS WE APPROACHED 34TH AVENUE AND CAMELBACK, THE LISTED WHITE VEHICLE SWERVED INTO OUR LANE, FORCING US INTO THE CENTER LANE OF TRAFFIC. THE VEHICLE THEN SWERVED BACK INTO THE CURE LANE, AND, AS I PULLED NEXT TO THE VEHICLE AND TURNED ON MY SIDE OVERHEAD LIGHT, I OBSERVED A HISPANIC FEMALE WHO WAS SLUMPED OVER THE STEERING WHEEL AND DID NOT REACT WHEN THE LIGHT WAS TURNED ON IN HER DIRECTION.

AT THIS TIME I GOT BEHIND THE LISTED VEHICLE AND CONDUCTED A TRAFFIC STOP AT THE LOCATION OF 32ND AVENUE AND CAMELBACK ROAD. I CONTACTED THE DRIVER, WHO WAS LATER KNOWN TO ME AS AP1 JOSIE. AT THIS TIME I ASKED JOSIE FOR HER DRIVER’S LICENSE AND I ALSO ASKED JOSIE IF SHE KNEW THE REASON WHY SHE WAS STOPPED TONIGHT. JOSIE RESPONDED TO ME BY STATING, NO, I DO NOT. I EXPLAINED TO AP1 JOSIE THE REASON THAT OFFICER MCANERNY #7126 AND I HAD STOPPED HER, AND I STATED TO AP1 JOSIE THAT HER CAR SWERVED APPROXIMATELY TWO FEET INTO OUR LANE FROM THE CURE LANE WHICH SHE WAS DRIVING IN AND THEN HER VEHICLE SWERVED BACK, FORCING OUR VEHICLE INTO THE CENTER LANE OF TRAFFIC. AP1 JOSIE STATED TO ME, “NO, I DID NOT, IT WAS THE OTHER CAR IN FRONT OF ME.” JOSIE STATED THIS TO ME SEVERAL TIMES.

AT THIS TIME I ASKED AP1 JOSIE IF SHE HAD ANY ALCOHOL TO DRINK DURING THE DAY OR EARLIER IN THE EVENING ON 073002, AND SHE STATED TO ME NO, SHE DID NOT. WHILE I WAS SPEAKING TO AP1 JOSIE, I SMELLED A FAINT SMELL OF ALCOHOL THAT WAS COMING FROM THE VEHICLE. I ALSO OBSERVED A MALE PASSENGER IN THE FRONT SEAT WHO AP1 JOSIE DESCRIBED TO ME AS A FRIEND AND I ALSO OBSERVED AP1 JOSIE’S TEN-YEAR-OLD DAUGHTER, , WHO WAS SITTING IN THE BACK PASSENGER SIDE OF THE VEHICLE. I ASKED AP1 JOSIE TO STEP OUT

2002 21401968 2 Continued.

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

SUPPLEMENT PAGE NUMBER: 2 DR NUMBER: 2002 21401968 2

OF THE VEHICLE, AND AS SHE STEPPED OUT OF THE VEHICLE I COULD SMELL COLOGNE. I ASKED AP1 JOSIE IF SHE WAS WEARING ANY COLOGNE TONIGHT, AND SHE STATED TO ME, YES, I AM, I’M WEARING COOL WATER COLOGNE, IT’S A NEW COLOGNE.

AT THIS TIME I ASKED OFFICER MCANERNY #7126 TO COME TO THE DRIVER’S SIDE OF THE CAR AND CONTACT AP1 JOSIE TO VERIFY THE ALCOHOL SCENT THAT I WAS GETTING WAS FROM AP1 JOSIE AND NOT FROM THE VEHICLE. AT THIS TIME OFFICER MCANERNY #7126 CONTACTED AP1 JOSIE. OFFICER MCANERNY CONTACTED AP1 JOSIE AND THEN STARTED TO PERFORM FIELD SOBRIETY TESTS (FST’S) ON AP1 JOSIE. AFTER OFFICER MCANERNY #7126 CONDUCTED THE FST’S WITH AP1 JOSIE, I ASKED HER AGAIN IF SHE HAD BEEN DRINKING ANYTHING TONIGHT, AND SHE STATED TO ME, YES, I HAVE. AP1 JOSIE STATED TO ME THAT SHE HAD APPROXIMATELY TWO TO THREE SMALL GLASSES OF MICHELOB BEER AT A BAR LOCATED AT APPROXIMATELY 2700 W. BETHANY HOME ROAD. AP1 JOSIE ALSO TOLD ME THAT SHE ARRIVED AT THE BAR AT APPROXIMATELY 1900 HOURS, AND PICKED UP HER DAUGHTER AT APPROXIMATELY 2100 HOURS, FROM CASTLES AND COASTERS THAT IS LOCATED NEAR METROCENTER ON I—l7. AP1 JOSIE ALSO STATED TO ME THAT SHE KNEW SHE WAS DRINKING TONIGHT AND IT WAS HER FAULT.

AP1 JOSIE WAS BOOKED INTO THE MADISON STREET JAIL. SEE OFFICER MCANERNY’S ORIGINAL FOR FURTHER INFORMATION.

PASS/A2481/OFF 7235/VW 04564/073102/1117

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT: INVOICES: DR ENTERED BY : A2481 DR FINALIZED BY : A2481

END OF REPORT DR NO: 2002 21401968 002

** RECORD **

** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2002 21401968 REPORT DATE: 20020801 TIME: 1734 TYPE OF REPORT: AGGRAVATED DUI OFFENSE: 390D LOCATION: N 32ND AVENUE BEAT: 0913 GRID: BJZl W CAMELBACK ROAD DATE/TIME OF OCCURRENCE: TUE 073002 2123 REPORTING OFFICER[S]: KEITH KROGH 3468 UNIT: T38 THOMAS TIEMAN 5462 PREMISES: VEHICLE STREET/ROADWAY/ALLEY OFFENSE INVOLVED: BIAS — *** PROPERTY/EVIDENCE *** RECOVERY LOCATION: 000000 DATE: 000000 SEARCH WARRANT INVOLVED: 0001 PKG 001 CODE:EI AP01 ITEM: RVTAPE BRAND: MODEL: COLOR: SIZE: QUANTITY: 0001 SERIAL/ACCT/ID:

DESCRIPTION: VIDEO TAPE OF APl BEING PROCESSED FOR DUI.

**** ****

NARRATIVE

SERIAL NUMBER: 3468

THIS DR WAS CREATED FOR IMPOUNDING VIDEO TAPE OF APl BEING PROCESSED FOR DUI. APl JOSIE MCCOY WAS BOOKED FOR AGG DUI.

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT:

INVOICES: 2996046

DR ENTERED BY 3468 DR FINALIZED BY 3468

END OF REPORT DR NO: 2002 21401968

3

003

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

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2002 21401968 4

REPORT DATE: 20020808 TIME: 1007

TYPE OF REPORT: AGGRAVATED DUI OFFENSE: 390D

PROSECUTION DESIRED: YES SUSPECT[S]: BOOKED

LOCATION: N 32ND AVENUE BEAT: 0913 GRID: BJ21 W CAMELBACK ROAD

DATE/TIME OF OCCURRENCE: TUE 073002 2122

REPORTING OFFICERES]: WILLIAM ARNOLD A4297 UNIT: C23

PREMISES: VEHICLE STREET/ROADWAY/ALLEY

OFFENSE INVOLVED: BIAS — OVER AGE 18: YES

HM NARRATIVE HM SERIAL NUMBER: A4297

ORIGINATING DR: 200221401968 001 LIMS: 02-19736 REPORT 1

THE FOLLOWING INFORMATION IS A SUMMARY OF THE LABORATORY EXAMINATION RESULTS. CONTACT THE LABORATORY SERVICES BUREAU FOR THE OFFICIAL REPORT.

—- RESULTS OF SCIENTIFIC ANALYSIS — SECTION : TOXICOLOGY ANALYST: WILLIAM ARNOLD(A4297)

ITEM 2995441—0002— THE ETHYL ALCOHOL CONCENTRATION OF THE BLOOD SAMPLE WAS DETERMINED TO BE 0.181.

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

END OF REPORT DR NO: 2002 21401968 004

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

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2002 21401968 5

REPORT DATE: 20020820 TIME: 0315 TYPE OF REPORT: AGGRAVATED DUI OFFENSE: 390D

LOCATION: N 32ND AVENUE BEAT: 0913 GRID: BJ21 W CAMELBACK ROAD

REPORTING OFFICER[S]: WILSON MANNING 6137 UNIT: 91K

OFFENSE INVOLVED: BIAS –

*** PROPERTY/EVIDENCE ***

RECOVERY LOCATION: 000000 DATE: 000000 SEARCH WARRANT INVOLVED:

0001 PKG 001 CODEzEI UKOO ITEM: JDOCUME BRAND: MODEL: SEARCH WRT COLOR: DESCRIPTION: TELEPHONIC SEARCH WARRANT PAPERWORK INCLUDING RETURN SEARCH WARRANT/AFFIDAVIT/SUPPORT OF SEARCH WARRANT/AND STANDARD DUPLICATE ORIGINAL SEARCH WARRANT

**** NARRATIVE **** SERIAL NUMBER: 6137

THIS SUPPLEMENT WAS GENERATED TO INITIATE AN INVOICE TO IMPOUND THE COPY OF THE TELEPHONIC SEARCH WARRANT PAPERWORK IN THE ARREST OF JOSIE REYNA MCCOY, WHITE FEMALE, 04—02-59.

INCLUDED IN THIS PAPERWORK IS THE RETURN, STANDARD ARIZONA INVENTORY AFFIDAVIT AND RETURN SEARCH WARRANT SIGNED BY JUDGE TOBY ON 080102 AS WELL

AS THE AFFIDAVIT IN SUPPORT OF TELEPHONIC SEARCH WARRANT AND THE STANDARD DUPLICATE ORIGINAL SEARCH WARRANT.

THIS PAPERWORK WAS IMPOUNDED AT CACTUS PARK PRECINCT.

PASS A2987/OFF #6137/VW #9798/082002 1110 HOURS

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT: INVOICES: 3001826 DR ENTERED BY : A2987 DR FINALIZED BY : A2987

END OF REPORT DR NO: 2002 21401968 005

_ ‘ 3” V, U, / – ‘DU’PVANIT390 AL°°H°UNFLUENCEREP°RT VIDEO EVIDENC

PHOENIX POLICE DEPARTMENT

. T390 2200 F UL” VAN: YES NO IF YES # ARRESTING OFFICER RELEASE TIME _‘___— SUSPECT RELEASE TIME H ‘ UNDERAGE DRINKER DRIVING m I» MISDEMEANOR DUI NAME. LAST FIRST MIDDLE # I—v D DUI DRUGS E L w | T T nAT= N H St” ‘ _ W ‘P‘ I TEE “£51 I REED I ENE) E? D memes Du. ‘ ‘ > DR P RES, PLACE NAME (II any) 2%1963 L l . BUS PH NE NUMBER DUI CITATION NUMBERS EMPLOYER FOOD CITY BUS’NESS ABDWISSI’H AVE AND NORWERENY‘ STATE 2″” O DRIVER’S mafia)“ 8R? FORWSED SUPERVISOR A ALIAs ._,_ , V REGISTERED OWijs’E ADE ARREST NUMBER E

COLORINHITE TIME OEAITfST

H LICENSEPgflm ml! fizE VEWMAKE 1 i135 MODEL 1 fin LOSNW-TMWOKMELBACK szooLWI‘PRfifEE‘fiIKCK 9673mm “MEEWTNDE”

ARREST

LDCATIOIBJ1 2

GRID

D ORE EVALUATION COMPLETED BY: INTERVIEW S‘TAERETVIIEIIIE 9W DATE: 073002 MIRANDAWARNr‘mKw LOCATION & Northern Ave TIME SUBJECTS RESPONSE

D ‘MPL’EDCC’NS‘IIEIIKNERSHez mm“ l-17 & Northern Ave “E 2220 SUBJEWSF‘TIIIWOT GOING TO

CIRCLE YES OR NO RESPONSES/ADD SUBJECT’S COMMENTS/USE NIA WHEN QUESTION DOES NOT APPLY; USE NARRATIVE SECTION FOR LENGTHY RESPONSES. IF SUBJECT REQUEST AN ATTORNEY SEE NARRATIVE SECTION.

I IF A SPECIFIC TIME IS INDICATED IN A PARTICULAR INTERVIEW QUESTION, RECORD THE SPECIFIC TIME GIVEN BY THE SUBJECT. CLARIFY ANY VAGUE RESPONSES.

– USE OF RCE CODES

NOTE’

LEVEL 10: OFFICER PRESENCE LEVEL STRAIGHT BATON USED LEVEL ISCHARGED HANDGUN AT SUBJECT LEVEL 20: VERBAL PERSUASION, NEGOTIATION, OR COMMAND LEVEL 53′ SIDE~HANDLE BATON USED LEVEL . ISCHARGED SHOTGUN AT SUBJECT LEVEL 30: RESTRAINT, JOINT LOCKS, PRESSURE POINTS, CUFFS LEVEL XPANDABLE BATON USED LEVEL 73: DISCHARGED RIFLE AT SUBJECT

LEVEL AI: CHEMICAL AGENT USED AND No VISIBLE (COMPLAINT OF INJURY LEVEL LASHLIGHT USED As BATON LEVEL u: DISCHARGED BEAN BAG AT SUBJECT LEVEL 42: CHEMICAL AGENT USED AND VISIBLE / COMPLAINT OF INJURY LEVEL ANINE BIT LEVEL Ba: INJURY NOT BY POLICE LEVEL 51: HARD EMPTY-HAND TECHNIQUE USED LEVEL 60: CAROTID CONTROL TECHNIQUE USED LEVEL 98: No CONTACT MADE WITH SUBJECT WERE YOU OPERATING THE VEHICLE? YES No WHERE WERE YOU GOING? PROM WHERE DID YOU START? (RECORD ANY OTHER RESPONSE) WHAT TIME DID YOU LEAVE? WHAT TIME IS I ACTUAL AM WHAT IS THE DATE TODAY? : ACTU6I, WHAT DAY OF THE WEEK Is IT? I ACTUAL IT NOW? 3 TIME PM 5 DATE 3002 g DAV TUE

WHAT HAVE You BEEN DRINKING? How MUCH DID YOU DRINKT WHERE WERE YOU DRINKING? | WHAT TIME DID vou START DRINKING? TR WHAT TIME DID you 510? mu you HAVE AN ACCIDENT? YES No THE TIME Is #. AT HAVE YOU BEEN DRINKING SINCE THE ACCIDENT7 naINKINm m: v55 WHERE-n WHAT TIME DID THE ACCIDENT YES No ASK IN ACCIDENT SITUATION ONLY)

‘ OCCUR? (IF YES, WHA AND HOW MUCH?)

AT WHAT LOCATION WERE YOU STOPPED

BY THE OFFICER? YES NO IF YES. DESCRIBE

HOWINJUR OCCURREBL ARE YOU’L” YESMY’MOMWWWLAWAY, I DIDNT EXPECT THIS, MY SON CALLED ME ON THE CELL PHONE

HAVE YOU BEEN TO A DOCTOR OR DENTIST IN THE LAST TWO WEEKS YES NO NATURE OF ON GOING TREATMENT: (IF YES, WHEN, AND WHAT WAS THE REASON FOR THE VISIT?)

ARE YOU HURT? YES NO (IF YES. DESCRIBE) ‘ DID YOU GETA BUMP ON THE HEAD?

HAVE YOU TAKEN ANY MEDICATION IN THE PAST 24 HOURS? TYPE OF MEDICATION (OR NAME) YES NO IF YES DATE TAKEN: TIME TAKEN: PM DO YOU HAVE DIABETES? DO YOU TAKE INSULIN FOR ANY REASON? YES NO DO YOU HAVE ANY ALLERGIES’I YES NO

YES NO (IFYE WHY

(IF YES WHAT ARE THEY?)

ARE YOUR ALLERGIES BOTHERING You Now? YES NO (IF YES, IN WHAT WAY?)

DO YOU HAVE ANY PHYSICAL DISABILITIES? YES NO (IF YES. DESCRIBE)

IS THE OFFICER THAT ARRESTED WHEN DID YOU LAST EAT? AM I .

YOU HERE NOW? 0_

YES NO DATE: TIME PM

How MUCH SLEEP HAVE YOU HAD WHEN DID YOU WAKE UP TODAY? COULD YOU FEEL THE EFFECTS OF ALCOHOL IN ANY WAY WHILE DRIVING? IN THE LAST 24 HOURS? RESPONSE:

ON A SCALE OF ZERO TO TEN, ZERO BEING COMPLETELY SOBER AND TEN COMPLETELY DRUNK. HOW WOULD YOU RATE YOURSELF AT THE TIME YOU WERE DRIVING? O I 2 3 4 5 6 7 8 9 IO (CIRCLE SUBJECTS RESPONSE)

DO YOU HAVE A PRIOR DUI CONVICTION? UNUSUAL COMMENTS BY SUBJECT: INTERVIEW STOP TIME QII/ 673002 _ WHAT BROUGHT SUBJECT g ACCIDENT 5 0,1125“ (U51- .N WHNESS SEC-“ON, D OTHER (EXPWN) WAS THERE ANY EVIDENCE OF ILLNESS / INJURY) TO OFFICERS A‘I’I’EN’I’ION7 G CHANGWG LANES D SPEED S WEAV‘NG DISABILITY? YES NO -IF YES. EXPLAIN: EXTERNAL CONDITIONS AT SCENE OF ARREST (CIRCLE ALL THAT APPLY) WEATHER CLEAR CLOUDY FIAINING WINDY OTHER (EXPLAIN) LIGHT DAY TIME NO LIGHTS VEHICLE LIGHTS FLASHLIGHT OTHER (EXPLAIN) CONDITIONS NIGHT TIME STREET LIGHTS MOON LIGHT COMMERCIAL BUSINESS LIGHTING TYPE OF SURFACE USED FOR LEVEL CEMENT DIRT STREET WET DRY PARKING LOT USED LINE FOR WALK & TURN ‘ FIELD SOBRIETY TEST UNEVEN ASPHALT GRAVEL SIDEWALK OTHER (EXPLAIN) FOOTWEAR

PAGE ONE 304450 Rev 3,95

~ ATTACH PHOTOGRAPH HERE ATTACH GCI STRIP CHART HERE “:3 § .

‘r ’ I ARIZONA DEPARTMENT OF HEALTH SERVICES ARIZONA DEPARTMENT OF HEALTH SERVICES I STANDARD OPERATIONAL PROCEDURE STANDARD OPERATIONAL PROCEDURE I x ‘ INTOXILVZER MODEL 5000 GCI FIELD COLLECTION UNIT – WITH VAPOR RECIRCULATION WITH KEVBOARD DUPLICATE TEST – WITHOUT SAMPLE CAPTURE OPTION PHOENIX POLICE DEPARTMENT AGENCY CITY OF PHOEle POLICE DEPARTMENT AGENCY Jgg‘EOF m NAME OF SUBJECT JOSIE MCCOY DATE 073002 NAME OF SUBJECT INSTRUMENT SERIAL NO. 10912 LOCATION OF TEST T390 DATE OPERATOR TIEIIéIAN #5462 TIME OF TEST KIT SEALED PRIOR To USE YES NO TEST RESULT ,‘md AC TIME LOCATION TO TEST —0_ _“‘ OPERATOR IMMEDIATELY PRECEDING THE ADMINISTRATION OF THE TEST THE SUBJECT TIME SAMPLE COLLECTED 4—m— K” RESEALED-Vfisimw UNDERWENTAIS MINUTE DEPRIVATION PERIOD IMMEDIATELY PRECEDING THE ADMINISTRATION OF THE TEST THE SUBJECT FROM 2141 To By TER 7235 WAS OBSERVED FOR 20 MINUTES NI 1, DISPLAY READS “PUSH BUTTON TO START TES’I” OR “PRESS START TEST FROM To By BUTTON TO START NEXT TEST.” BREATH TUBE IS WARM TO TOUCH. «I? > 2‘ PUSH START TEST aUTTON-CARD DO so I I 1. ATTACH MOUTHPIECE AND CHECK VALVE TO TEMPLATE. I 3. IF DISPLAY READS “INSERT .” . LE w 4’ INPUT INFORMATION N RESPONSE To D‘SPLM I I2 INSERT TEMPLATE IN CRIMPER, LOCK IN PLACE, MOUNT HAND . w 5 AIR BLANK COMPLEED REMOVE CORD AND CLOSE Box TOP, V) 6. IF DISPLAY READS, “IS SIMULATOR SOLUTION TEMPERATURE 34° C :02 C7,” ( I 3‘ PLUG IN CRIMPER (RED LIGHT 0N); ALI-0W TEN MINUTES WARM-UR TYPE Y OFI N AND VERIFY CALIBRATION CHECK COMPLETED CHECK THERMOMETER RANGE 39-45 C (IN GREEN ARC). V) 7. INSERT MOUTHPIECE INTO BREATH TUEI HAVE SUBJECT BLOW AS LONG AS I I 4, OBTAIN BREATH SAMPLE. RECORD DATE AND TIME ON CARTON. POSSIBLE. RECORD AC FIESULTABOVE, m 3_ NR BLANK COMPLHED I I 5. REMOVE TEMPLATE, INSPECT CRIMP, RECORD JAW NUMBER I/ I 9. A. IF DISPLAY READS “WAIT.” GO To STEP 11 w OR 0 ) B. ‘F DISPLAY READS ITEST COMPLETE,” Go To STEP “1 I I s. REPACK TEMPLATE IN KIT Box. SEAL AND MARK SEAL. OR NOTE THIS CHECKLIST IS A COPY OF DHSIDSLS/FORM 0403 IREV 12~91) I/ I C. IF DISPLAY READS “IS SIMULATOR SOLUTION TEMPERATURE 34° C 2 0.2 0?,” TYPE Y OR NAND VERIFY CALIBRATION CHECK COMPLETED. GO TO STEP 10, I/ I 10. WHEN DISPLAY READS “TEST COMPLETE,” REMOVE TEST RECORD CARD. O I 11. REPEAT STEPS 1 THRU 9. NOTE: DUPLICATE TESTS SHALL BE BETWEEN 5 AND Io MINUTES APART. TWO CONSECUTIVE TESTS SHALL AGREE WITHIN 0.020 ALDOHOL CONCENTRATION, SUBJECT ADVISED OF RIGHT TO ARRANGE FOR AND PAY FOR AN INDEPENDENT CHEMICAL TEST BY: SUBJECTS RESPONSE; AM TIEMAN #5462 TIME 2233 FM ADVISED/JAIL Pf SUEJECT’S RESPONSE SUBJECT ADVISED OF RIGHT TO SECOND BREATH SAMPLE BY: TIME PM TYPE OF TEST SECOND BRE T SAMPLE TAKEN WAS THERE ANY REASON TO BELIEVE THE III YES m BREATH D GCI KIT)? [I YES NO INSTRUMENT WAS OPERATING INCORRECTLY? x No D BLOOD III URINE (IF YES, EXPLAIN) R a I BUREAU CHECK/PRIOR DWIS CLERK’S SERIALWTIME DRIVER’S LICENSE CHECK RESULTS NO PRIORS MDT/7126 VALID LICENSE

IF FELONY DWI, ASK SUBJECT: I. DID YOU KNOW YOUR LICENSE WAS SUSPENDED /REVOKED7 – RESPONSE:

2. HOW DID YOU KNOW? – RESPONSE:

(USE NARRATIVE SECTION IF NEEDED)

IN ACCIDENT SITUATIONS COMPLETE THE FOLLOWING: D FIRE DEPARTMENT CI TREATED AND RELEASED D FATALITY VTREATMENT OF INJURY: I:I ADMITTED To HOSPITAL I] ACCIDENT REPORT COMPLETED D VICTIM’S RIGHTS INPORMA‘ITON PROVIDED To VICTIM’? D YES CI No SUSPECT COURT DATE PROVIDED To VICTIM CI YES III No

OFFICER’S OBSERVATIONS OF SUBJECT’S PHYSICAL CONDITION EXAMINATION: (CIRCLE WORDS DESCRIBING OBSERVED CONDITION —-ADD WORDS OF YOUR OWN)

BREATH ODOR OF INTOXICATING LIQUOR — APPARENTLY NONE FAINT MODERATE STRONG STRONG

COLOR OF FACE APPARENTLY NORMAL FLUSHED PALE OTHER IDESCRIBEI F LUSHED mm msmmesu mom URINE

CLOTHING CONDITION oauam wan vomr OTHER IDESCRIBEI ORDERLY

CLOTHING DESCRIBE: TENNIS SHOES

EYES APPARENTLY NORMAL WATERY BLOODSHOT OTHER IDESCRJBEI WATERY/BLOODSHOT POLITE ANT G STC STUFOROUS COOPERATIVE UNCOO E

ATTITUDE mews I’I‘Isfii‘r‘wé Iaeumzmnvs SLEEPING ANmDEZFE’EEs’gAIBa P m“ ARGUMENTATIVE PROFANII’V BELCHING URINATING ON SELF NICCOUGHING SLURRED SPEECH

UNUSUAL ACTION VDMITINE CRYING COMBATIVE THREATENING OTHER (DESCRIBE) E D

ASK OF ARRESTED PERSON. DO YOU WANT TO MAKE ATELEPHONE CALL: D YES D NO – TIME: 2210 AM/PM PHONE NUMBERS DIALED TIME J OFFICER’S INITIALS IF RESPONSE IS UNUSUAL, ENTER IT HERE (BE SPECIFIC):

1 2 3.

WITNESS SECTION (IF ADDITIONAL SPACE IS NEEDED, USE THE NARRATIVE SECTION ON PAGE 4) NAME: LAST FIR T M.I ORIGIN SEX DOB ADDRESS (INCLUDE ZIP CODE) PHONE #‘S H w H W

PAGE TWO 804460 Rev 3/98

REF. CHECK .’ F‘ BLflHK JEEZT TEST H F: BLHHH HIR EILHHK

“”HBTEC’T Tfl‘T

suwecrs NAME m M—

TIME FIRSY OBSERVED

INsmuMENT LOCATION

OPERATOR

ADDmoNAL INFORMA‘HON AND [OR REMARKS

éNTOXILVZEHW WSTHUMEN’Y PRINYER CARD

%‘ ‘ Driver Responsibility W h I e Motor Vehicle Division LE or DR Case Number 21401968

, . . . PO ox zioo _ 13597 D IV ISIO n Phoenix AZ 85001-2100 “mph” Numbe’s ‘ssue”

manor nomi Chm”; D ARS 23.1351 El 28-1382 823-1383 4244.33 pplcan ame irs,mre, as,su ix

m D Yes a No While drivin a commercial motor vehicle?

JOSIE REYNA MCCOY 040259

0″ (date) 073002 I at (time) 2123 V at (iocaiian) 34004200 W CAMELBACK

D I had probable cause to believe that the person named, caused or was cited for an accident resulting in death or serious physical injury while driving a motor vehicle. Citation Number (if none issued, state probable cause on lines below)

:1 i had reasonable grounds to believe the person named was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor and/or drugs, and l placed the named person under arrest therefor.

Among the facts leading to that balief were: FAIL TO DRIVE IN ONE LANE. ODOR 0F ALCOHOL, SLURRED SPEECH, MEN 6 CUES, POOR FSTS. ADMITTED TO DRINKING

For the above stated reasons, I read the following to the person named above:

g Arizona law requires you to submit to and successfully complete tests of breath. blood or other bodily substance as chosen by the law enforcement officer to determine alcohol concentration or drug content. The law enforcement officer may require you to submit to two or more tests, You are required to successfully complete each of the tests.

a If the results of the tests indicate your alcohol concentration is .08 or above or .04 or above in a commercial vehicle, your Arizona driver license/permit or nonresident driving privilege will be suspended for not less than 90 consecutive days.

E If you refuse to submit or do not successfully complete the specified tests, your Arizona driver license/permit or nonresident driving privilege will be suspended for 12 months, or for 2 years if there Is a prior implied conSent refusal, within the last 60 months, on your record. You are therefore required to submit to the specified tests.

Q Will you submit to the specified tests? 8 Yes [:1 No (If person unreasonably delays the completion of test, read the following to him or her.)

You are not entitled to further delay taking the tests for any reason. Further delay will be considered refusal to submit to the tests, Will you submit to the specified tests? UV“ [3 No

j The above admonitions were not read because the person was either unconscious or incapable of refusal.

j The person submitted to 1:] imam 1] blood tests and the results indicated an alcohol concentration of:

R The person refused to take or did not complete the tests in the following manner: SIMULATED BLOWING] BLEW AROUND TUBE / PUFFING SAID SHE HAS

_l Yes L No Did the person cause serious physicai injury as defined in ARS 13-105 during this incident? . l certify, pursuant to ARS 28-1561, that the above is true and correct, I request that any hearing be held in “m— Gaunt)!-

aw nbrcemen . Ce, “n name :’ 5 “me, M ANERNY/HUNTER 9126/7235 -gency e – . PHOENIX PD W gency – – ress

| l 302 E UNION HILLS es pera or prin name age umer

TIEMAN

SURRENDER OF ARIZONA DRIVER LICENSE Pursuant to ARS 284321 and 28-1385, the law enforcement officer shall require the surrender of all Arizona driver licenses or permits in the person’s possession. lino license or permit is attached, state reason: [:1 Lost C] Destroyed [:1 Nonresident 1:] Other:

TEMPORARV DRIVER PERMIT

This entire form will serve as a temporary driver permit which will expire 15 days from Date Served. However, hearing, then this permit will remain valid until the summary review or hearing decision has been made. if your A

if you request a summary review or rizona driver license/permit is currently

Restrictions

Permit Not Issued Because

Licensee Signature

SERVED

Blue – Law Enforcement Agency

Original – Motor Vehicle Division Pink and Yellow r Licensee

EXHIBIT WWW-EN OPERATIONAL CHECKLIST

ARIZONA DEPARTMENT OF HEALTH SERVICES

STANDARD OPERATIONAL PROCEDURE

INTOXILYZER MODEL 5000 DUPLICATE TEST

AGENCY PHOENIX POLICE DEPARTMENT NAME OF SUBJECT MCCOY , JOSIE REYNA DATE 073002 INSTRUMENT SERIAL NO 10912 LOCATION OF TEST; T390 OPERATOR TIEMAN #5462 TEST RESULTS 0. REF AC TINIE 2223

0. 4176 TIME 2228

0. TIME

Immediately preceding the administration of the tests, the subject underwent a 15-minute deprivation period from 2141 to 2235 by MCANERNYIHUNTER 7126/7235

(v) 1, Display reads “PUSH BUTTON TO START TEST” or “PRESS START TEST BUTTON TO START NEXT TEST”. Ensure breath tube is warm to touch

(‘/) 2 . Press Start Test button.

(J) 3. Ifdisplay reads “INSERT CARD”, do so.

(J) 4. Input information in response to display.

M 5. Air blank completed.

(J) 6. If display reads “IS SIMULATOR SOLUTION TEMPERATURE 34 C +/- 0.2 C?” check

. temperature using thermometer, type Y or N; verify reference standard check completed (J) 7. Insert mouthpiece into breath tube. Have subject blow as long as possible. Record AC result

abover (\/) 8. Air blank completed (J) 9. a. If display reads “WAIT”, go to step 11. OR b. If display reads “TEST COMPLETE”, go to step 10. OR c. If display reads “IS SIMULATOR SOLUTION TEMPERATURE 34 C+/-O.2 C7”, check

temperature using thermometer, type Y or N; verify reference standard check completed, go to step 10,

(V) 10. When display reads “TEST COMPLE “, remove test record,

(V) ll. Repeat steps 1 through 9, as necessary (see note below).

Note: Duplicate tests shall be administered at intervals of not less than 5 minutes nor more than 10 minutes apart, Two consecutive tests shall agree within 0.020 alcohol concentration.

(Forth c lAB/dlts/tsb)

DETAILS OF ARREST

r . DOB SUBJECT 5 NAME ORIGIN SEX MC OY JOSIE W F 59 STANDARDIZED FIELD SOaRtETv TESTS WORKSHEEY OR NUMBER I Instructions to subiect are provided as gnidallnal to enable the otllcer to be consistent In administering each ol the FSTS. 21401 968 2. Documentation aids atsjrovidad to assist the etlicer In recording the behavior and actions at a Sub ect dunng the FSTs. 7 ASK SUBJECT: I’D LIKE YOU TO PERFORM SOME PHYSICAL TESTS. IS THERE ANY REASON WHY YOU CANNOT PERFORM THE TEST? ij YES t_‘i No IF YES. ENTER RESPONSE (BE SPECIFIC) RHOMaERG — MODIFIED FINGER TD NOSE FINGER COUNT HonlzDNTAL GAZE WALK AND TURN ONE LEG STAND 1 NVSTAGMUS INSTRUCTIONS TO INSTRUCTIONS To INSTRUCTIONS To INSTRUCTIONS To INSTRUCTIONS TO SUBJECT: SUBJECT: SUBJECT: INSTRUCTIONS TO SUBJECT: SUBJECT: WHEN I TELL vou. I WANT WHEN I TELL YOU. I WANT WHEN I TELL YOU I WANT SUBJECT: WHEN I TELL YOU. t WANT WHEN I TELL YOU TO

YOU STAND WITH YOUR FEET TOGETHER AND YOUR ARMS DOWN TO YOUR SIDES, CLOSE YOUR EYES AND TILT YOUR HEAD BACK. DO YOU UNDER- STAND7

(OFFICER: THIS POSITION SHOULD BE MAINTAINED FOR 20-25 SECONDS. YOU MAY REQUIRE THE SUB» .IECT TO RECITE THE ALPHABET AND/OR BACK- WARD COUNT DURING THE TEST.)

D Required additional (nstluc- tion during testing. U Opened eyes during test- (rig.

CI Failed to keep heels together thmughcut.

U Failed to keep head (med back.

I: Swayed Iront to back or side to side (Record below).

CI Evror In backward count (strd below)

CI ThIs FST not admlnisteted tor SEIer (subject‘s)

YOU TO STAND WITH YOUR FEET TOGETHER AND YOUR ARMS DOWN TO YOUR SIDES. POINT YOUR INDEX FINGERS. NOW CLOSE YOUR EYES AND TILT YOUR HEAD BACK. USING THE FINGER I TELL YOU. TOUCH THE VERY TIP OF YOUR NOSE WITH THE VERY TIP OF YOUR FINGER. DO YOU UNDERSTAND?

CI Required addlIiOnaI insIruC- tIon dunhg testing.

Cl Opened eyes dutlng IRSIA ing.

l:l Failed to keep Iaet together throughout.

0 Failed to keep hose tilted hack. Used hand OIIIEI than the one designated.

CI Missed nose with ilrrgertip (Record miss locatIons beIDW).

I] Touched nuse with other than fingertip,

Cl Swayed lront to back or Side to Side.

YOU TO STAND WITH YOUR FEET TOGETHER AND YOUR ARMS DOWN TO YOUR SIDES. WHEN IN- STRUCTED. ON THE HAND I TELL YOU TO USE. COUNT OUT LOUD WHILE TOUCH- ING THE PROPER FINGER WITH YOUR THUMB. YOU MUST COUNT EXACTLY THIS WAY..I-2v3>4-4-3-2-1. DO YOU UNDERSTAND?

L] Required additional instruc- tion during Iesllng.

D Used hand other man the one designated.

(‘3 Missed touching ail the proper lingers (Record below).

D Counted incorrectty (Record beiow).

D This FST not administered for salety (subject’s)

D This FST rIOI administered for SEIer tomcer’s)

I AM GOING TO CHECK YOUR EYES. NOW KEEP YOUR HEAD STILL AND FOL~ LOW THIS WITH YOUR EYES. DO NOT MOVE YOUR EYES BACK TO CENTER UNTIL I TELL YOU. DO YOU UNDERSTAND?

(OFFICER: REQUEST THAT THE SUBJECT REMOVE GLASSES IF WORN OR ENSURE CONTACTS ARE PROPERLY FITTED.)

(OFFICER: SHOULD THE SUBJECT MOVE HIS HEAD. HAVE HIM SUPPORT HIS CHIN WITH HIS FISTSJ

B Let! aye does not loliow

smOOIth.

Right aye does not Iollow

Smoalhty.

U Moderate to distinct Nystagmus at maximum deviation ol the IS“ eye.

D Moderate to distinct Nystagum at maximum deviation oi the right eye.

G La” Eye OnseI BEFORE 45“

U Right eye onset BEFORE 45.

I} Thls FST “OI admlnisleied

CI

YOU TO PUT YOUR LEFT FOOT ON THE (IMAGINARY) LINE AND THEN PLACE YOUR RIGHT FOOT IN FRONTOF IT.

MAINTAIN THAT POSITION WHILE I EXPLAIN THE REST OF THE INSTRUCTIONS.

WHEN ITELL YOU TO BEGIN. TAKE 9 HEELvTovTOE STEPS DOWN THE (IMAGINARY LINE. TURN AROUND AND TAKE 9 HEELsTO~TOE STEPS BACKL WHEN YOU TURN. YOU MUST PIVOT SO THAT EITHER THE BALL OR THE HEEL OF ONE FOOT REMAINS ON THE (IMAGI- NARY LINE. KEEP YOUR HANDS TO YOUR SIDES. WATCH YOUR FEET AT ALL TIMES. AND COUNT YOUR STEPS OUT LOUD. ONCE YOU START DO NOT STOP UNTIL YOU HAVE COMPLET- ED THE TEST. DO YOU UNDERSTAND?

(OFFICER: DO NOT CON- TINUE UNTIL SUBJECT INDICATES UNDERSTAND- ING. ONLY ANSWER QUES- TIONS OR REPEAT THE PART NOT UNDERSTOOD DURING THE TEST. ONLY REMIND THE SUBJECT TO WATCH HIS FEET 7 NO OTHER REMINDER.)

STAND WITH YOUR FEET TOGETHER AND YOUR ARMS DOWN AT YOUR SIDES WHEN I TELL YOU TO. I WANT YOU TO RAISE ONE LEG AEOUT SIX INCHES OFF THE GROUND AND HOLD THAT POSITION, LOOK AT THAT FOOT AND KEEP YOUR ARMS AT YOUR SIDES. AT THE SAME TIME. COUNT FOR 30 SECONDS IN THE FOLLOWING MANNER I001. 1002. 1003. ETC. UNTIL I TELL YOU TO STOP. DO YOU UNDERSTAND?

(OFFICER: YOU MUST DEMONSTRATE AND MUST COUNT SEVERAL COUNTS FOR CLARIFICATION. DO NOT CONTINUE UNTIL THE SUBJECT INDICATES THAT HE UNDERSTANDS.)

Sways while balancing Uses arms to balance. Hopping.

Puts (out down.

Cannot no test (Puta toot down three or more times.)

SUEDE

D

This FST not edmrnisxered IDr saIely (subject’s) D This FST not administered

D This FST not administered [3 This FST not administered lor seter (Sublea’s) to, sara omwrs ‘or saiety (Miner’s) for SHINY (Subiect‘si El This FST not administered W ( ) D This FST not administered tor saler (onicer’s) D Cannot keen ba’ance tor salety (Olttcer’s) While listening to I: CONTACT LENSES Ins’mc‘msr (3 Hard D Starts belore instructions D So” are Irnrshed. D Stops While walking to steady salt. DOCUMENTAHON U VG” M59” D Does not touch heel to toe. DOCUMENTATION: .— .—. I:l Loses balance while walk- Time: Ing (That is steps on line) Cl Uses arms IDT baianca. D Loses balance while N turning. M” El Incorrect number at steps. (3 Cannot ob iest. (Steps on WW I line three or more Ilmas.) DOCUMENTATION: ‘ SWAY: A H” HG m This FST not administered a“). (o Fm… 5m. .0 5m. certr i N Technician (or satiety (Subjecl‘s) D None (1 Mann “‘9′” ‘”d” “”9″ O [J This FST not administered 3] Slight I] Sllght Lett index Flrrgar A lot satety (OIIIcer’s) \ D Mod-rate D Moderate DOCUMENTATION: WALK AND TURN TEST Six D Heavy E: Heavy INCHES ALPHABET. ABCDEFGHI T C. ‘ 56.999 SWAY: J K L M N o P O RSTUVWXYZ SWAv: COUNT: I Back to Front Side to Side …….. _ A _ ,r N a _ a , an“ 7 Non. t; None 7 7 7 7 7 7 7 7 7 7 ” (SI Slight l. . Slight r r. 7 7 7 7 7 V v _ __ 7 7 7 DRAW LINES To r1353” i “3.7;” ROSITION TOUCHED LEFT RIGHT ‘ ‘ ‘ C CITATION NUMEERIS CODE CHARGE DESCRIPTION DRIVING. OR INACTLI HY L o F T VEHI LE w IL NDER THE INFLUENCE H ZSWVII 0E INTOXICATING Llo 1%.mm/DWWADOWOL A 2831-3W2 AC.ID”/a OR HIGHERV ““q . – » ~ – “I – CONTROLOFAVEHICLE i s ‘ I SUBJECT wit—D NAME (LAST. FIRST. M I) ADDRESS PHONE # CATEmME AM I i RELEASED To: TAX] MI I SAGE THREE iii. v MD Rev we

DETAILS OF ARREST

DID THE SUBJECT REQUEST AN ATTORNEY AT ANY TIME? D VES 3&0 IF YES DOCUMENT THE REQUEST (BE SPECIFIC) AND TIME: AMIPM SUBJECTS RIGHT INDEX FINGERPRINT ARRESTING OFFICER/S SERIAL NUMBER/S WAGON OFFICER/S SERIAL N MBER/ MCANERNYIHUNTER 7126,7235 7126 7235

PAGE FOUR

BO-NfiD Rev 3/99

SUBJECTS NAME

‘ Miro/1+

ALCOHOL INFLUENCE REPORT SUPPLEMENT

:03 IL:

ORIGIN

H

£5 W 4

1’

STANDARDIZED FIELD SOBRIETY TESTS WORKSHEET

I Instructions to suineet am pmva as guideunu Io enema the o 2. Documentation ads are Provided to assist Ihe Cflicar “1 recording the hehevuor and actions oi e edged dining ihe FSTs.

ASK SUBJECT: I’D LIKE YOU TO PERFORM SOME PHYSICAL TESTS. IS THERE ANY REASON WHY YOU CANNOT PERFORM THE TEST?

SEX

DOE

Nice! to be conslsIenI In adminisIBnng Each DI the FSTS.

5‘7

DR NUMBER

YOU STAND WITH YOUR FEET TOGETHER AND YOUR ARMS DOWN TO YOUR SIDES. CLOSE YOUR EYES AND TILT YOUR HEAD BACK. DO YOU UNDERSTAND?

(OFFICER: THIS POSITION SHOULD BE MAINTAINED FOR 20.25 SECONDS, You MAY REQUIRE THE sua- JECT T0 RECITE THE ALPHABET AND/OR BACK- WARD COUNT DURING THE TEST.)

YOU TO STAND WITH YOUR FEET TOGETHER AND YOUR ARMS DOWN TO OUR SIDES, POINT YOUR INDEX FIN- GERS. NOW CLOSE YOUR EYES AND TILT YOUR HEAD BACK. USING THE FINGER I TELL YOU, TOUCH THE VERY TIP OF YOUR NOSE WITH THE VERY TIP OF YOUR FIN- GER DO YOU UNDER- STAND?

YOU TO STAND WITH YOUR FEET TOGETHER AND YOUR ARMS DOWN TO YOUR SIDES, WHEN lN-STRUCT- ED, ON THE HAND I TELL YOU TO USE. COUNT OUT LOUD WHILE TOUCHING THE PROPER FINGER WITH YOUR THUMB. YOU MUST COUNT EXACTLY THIS WAY…I-2-3-4-4-3<2vl. DO YOU UNDERSTAND? I AM GOING TO CHECK YOUR EYES. NOW KEEP YOUR HEAD STILL AND FOL- LOW THIS WITH ‘KJUR EYESI DO NOT MOVE YOUR EYES BACK TO CENTER UNTIL I TELL YOU. DO YOU UNDER- STAND? (OFFICER: REOUEST THAT THE SUBJECT REMOVE GLASSES IF WORN OR ENSURE CONTACTS ARE PROPERLY FITTED.) (OFFICER: SHOULD THE SUBJECT MOVE HIS HEAD. HAVE HIM SUPPORT HIS YOU TO PUT YOUR LEFT FOOT ON THE (IMAGINARY) LINE AND THEN PLACE YOUR RIGHT FOOT IN FRONTOF IT. (OFFICER: WHEN THE SUB— JECT ASSUMES THIS POSI- TION. CONTINUE WITH THE INSTRUCTIONS.) WHEN I TELL YOU TO BEGIN, TAKE 9 HEEL-TO-TOE STEPS DOWN THE (IMAGINARY LINE, TURN AROUND AND TAKE 9 HEEL-TO-TOE STEPS BACK. WHEN YOU TURN. YOU MUST PIVOT SO THAT (HE SPECIFIC) RHONBERG — MODIFIED FINGERTO NOSE FINGER COUNT HORIIgTN‘TGAL GAZE WALK AND TURN ONE LEG STAND -—r NV “US INSTRUCTIONS TO I INSTRUCTIONS TO INSTRUCTIONS TO INSTRUCTIONS TO INSTRUCTIONS TO SUBJECT: SUBJECT: SUBJECT: INSTRUCTIONS TO SUBJECT: SUBJECT: WHEN I TELL YOU. I WANT WHEN ITELL YOU, I WANT WHEN I TELL YOU I WANT SUBJECT: WHEN I TELL YOU. I WANT WHEN I TELL YOU TO STAND WITH YOUR FEET TOGETHER AND YOUR ARMS DOWN AT YOUR SIDES WHEN I TELL YOU TO. I WANT YOU TO RAISE ONE LEG ABOUT SIX INCHES OFF THE GROUND AND HOLD THAT POSITION. LOOK AT THAT FOOT. AT THE SAME TIME. COUNT FOR 30 SEC- ONDS IN THE FOLLOWING MANNER 1001, 1002. IODSI ETC. DOYOU UNDERSTAND’.I (OFFICER: YOU MUST DEMONSTRATE AND MUST COUNT SEVERAL COUNTS FOR CLARIFICATION. D0 1/40/79?fl D YES fla‘No IFvEs, ENTER RESPONSE BREATH ODOR OF INTOXICATING LIQUOR — AFFARENTLY NONE FAINT MODERATE STRONG CHINWITH HIS FISTS.) EITHER THE BALL on THE No1- commug UNTIL THE 6 . 5 ” 50,4 Y HEEL 0" ONE 700T SUBJECT INDICATES THAT I-‘IEMVAINs CN 12E (was; HE UNDERSTANDS.) . I. _ I. . .v _ — - NAR LINE. EP v u D moismgdgsu‘mel instmo D Smgmdggiggei Instruc D :gsflfigal Instrue FfngéIAcé‘O HAN D s 70 YOUR SI DE 5' ‘ c ' WATCH voun FEET AT ALL I] Coened eyes during ieet- E] Cpened eyes during Ieet- CI Used hand omev Ihen the a fight aye ensei BEFORE TIMES AND COUNT YOUR "‘9; "'9‘ °"° “5‘9"”: , ‘5‘ STEFs' OUT LOUD. DO YOU D FaIIad to keep heeis Iogalh- I:I FsIIed to keep Ieet D Missed Iouchlng en the a Madonna to distimn uNDEHs-rmm w Sways whiie beianeing e. mmughoui. together Ihmughom, proper Ilngem (Record Nyslagum at maximum 5.74 Uses am: In balance. I:I Failed to keep head tiIted D Failed Io keep heed tmed WW)- devintion 0' m- "am we. (OFFICER: DO NOT CON - a Hopping. back. back. Used hand 0019: then D Counted incamscw w' RIghI dye does not «aim TIN UE UNTIL 5U BJECT w pm .00. down [I Swayad Imnr to beer a. the one desIghated. (Racord below). smoeIhty. INDICATES UNDERSTAND- v side to side (Romvd I] Missed nose wIIh hngertip Ix’ Len eye unset BEFORE 'NG- ONLV ANSWER QUES" K cam“ d° MI (Pm-Ia" “km. (W w W [I [This FST rig! badminisleved 45. TIONS on R EPEAT TH E 60W" ""99 °' "W9 "mes-I I:I lnb kwa bekwt. msalam u IBCI'S) A PART NOT UNDERSTOOD . . , En"or Id Sim m cm“ ) I [I The FST nor admlnisleiad ‘3 Mm" '° °"""°.‘ DURING THE TEST. ONLv D Th" ‘57 "°‘ 35"“!""‘“'°‘ ( eeo ). i:I rue?“ fir?” With other M “my (mum Nyslagmus aI maximum REWND THE SUBJECT To IarsaIely (Subjects) I I I I an Inge Ip. deflation ol the left eye. 1;] mi Fsr Iaamimet 5d .3 TMFSTM. d 5.9,“ WATCH HIS FEET 4 No s "0 . 9' Wise.” (Sugpm; [I lI33.“ to back or E! Igzttmelyhelydoes naI Iollaw OTHER REMWDER) lor saiety (othcersI CI This FST not administered ‘ 0% r\\ Hes r’ Iar seIety (omeers) D This FST not sdrninieteved I] This FST noi aomInIsIered p; Cannot keep balanca _ r00 K D Ior saIely (Subiect's) tar seIety (Subjsa‘s) whiie listening to / 5 " S This Fs‘r no! admlnistared E] This FST noI adminisIered Instrumions. 7 ~ ' Ier eeiety towicereI IoI setety (Oflicefs) E] Starts heiore instructions Z 5 13‘s In ’7 IF are IInished. Lap,— 3 " i:I CONTACT LENSES Stops wniie walking to 8 / r E! Herd ‘ steady seII. 4) I AWL!- . 13 Son pr Does not touch heel Io ‘ ¢ 4‘ of 3 5 4 I00 — I DoCUMENTAnoN ‘ . u .- m IR“ ,3 V6,. Press“. H Loses balance while neik- Dflocuflsfino . 1, mg (That IS steps on Ilne) V a,” -- ——~ MMWG awssafi K Uses arms Ior betaan > L23. ” ? aw I Z, 40 pi Loses balance wI’uIe (A ‘ Time: Iuming. C ’ Ineerreci number or steps. I N I] Cannot do test. (Steps on I Mm, IIne Ihvse or move times.) a I E 7 I: This FST not administered 5WAV= DOCUMENTATION: s. M , Ior safsly (Subiect’s) gm: to From Side to sue ” C] This FST not administered in I: None Ior Sara Oflicers D 51.9,” D 5…,“ “lam-“1.x Flnw A oenmed HGN Technlclun V . I}; I guise-uh Duodenu LeItInduFInoer A 3’5 6/41 [1 Heavy I:I IInvy DOCUMENTATION: WALK AND TURN TEST LVUIQY 3 73)” 3:5,,“ ALPHABET: 700 K I I ’7 I25 ‘ “5‘0 ABCDEFGHI ®@® ‘ @(Y) 372% I It ’19 JKLMNOPO , ‘ 5”” nsTuvwxvz swmr COUNYr ______ L . “V {I am In Front Side Io Side \ / A El Non. III Non. A r 7 E 7 7 A – — — — i:i sum :1 sum _ A _ _ _ ‘ _ _ _ _ v D Modem. D Moder-I- BRAW LINEgTo 31 Hem CI Heavy osmou uano LEFT RIGHT I . ,, J.” I… WHAT BROUGHT SUBJECT D ACCIDENT CI CITIZEN (LIST IN WITNESS SECTION) RI OTHER EXPLAIN ’Ié/fl” WAS THERE ANY EVID E 0″ ‘LLNESS/ ‘NJURY) T0 OFFICERS ATTENTION? I I ‘ 5 DISABILITY” vEs (INC I-IFvEs EXPLAIN‘ CI CHANGING LANEs [1 SPEED [I WEAVING TRUCK a SL7th ‘ .e/ I ‘

UNUSUAL ACTION

vowma came COMBATIVE

HICCOUGNING ’SLURREDSPE THREATENINO OTIIERIDEW’)

COLOR OF PAGE I APPARENTLY NORMAL g FLUSHED‘KKQMDESCRIBE) _ CLOTHING CONDITION ISA;va DIST’IGIIIAI‘GseoMITBLmER(gaging I‘UHI flj/fI/Z I, / {5L0 fg‘A/U‘j A CLOTHING I DESCRIBE: EYES AFPAFIENTLY NORMAL WATE BLOODSHOT OTHER (DESCRIBE) A ATTITUDE {$3.5m “$335.2” “Wren TEEN? oI‘EEZFE’EEs’gnes)“”C°°PEW’VE

VROFANITY BELCHING URINATINGONSELF j

BO-MSDA New 7/96

ALCOHOL INFLUENCE REPORT SUPPLEMENT ‘ ‘ ” ‘

DID THE SUBJECT REQUEST AN ATTORNEY AT ANY TIME? VES E No IFYES DOCUMENTTHE REQUEST (BE SPECIFIC) AND TIME: , AMIPI! EXTERNAL CONDITIONS AT SCENE 0F ARREST (CIRCLE ALL THAT APPLY)

WEATHER C CLEAR CLOUDY RAINING WINDY OTHER (EXPLAIN)

uen‘r – : .I N LIGHTS VEHICLEWLW FLASHLIGHT OTHER (EXPLAIN)

CONDITIONS m (figs? MOON LIGHT COMMERCIAL BUSINESS LIGHTING

TYPE OF SURFACE USED FOR (mg) q: DIRT STREET WET DFIY PARKING LOT (E SED LINE F LK &TI an)

FIELD SOBHIETVTEST V EN 1.853} GRAVEL SIDEWALK OTHER (EXPLAIN) FOOTWEAR a: ,U/

562’ 23/166” DI?“ wig/W»? Pole Poem/g}? DJFOR/Mfla/Uv

ARRESTING OFFICER/S SERIAL NUMBER/S

177% 09%,” 7/2144

WA N FFICER S SERIAL NUMBER/ 80-146DA New 7/96

PHLEBOTOMY BLOOD DRAW REPORT

Draw Nozzooz-Ifo PhoIongaNlj BAC: <‘< DNA: Other: SUBJECT: osIé III/If. DATEOFBIRTH2~ 5‘} REQUESTING AGENCY: Pflx PD DR #: 2 11-1 0 I ‘I G 9 OFFICER: Mggagkgg SERIAL #: 7’ 7» 6 SEARCH WARRANT: NE] CONSENT DRAW: YE] N8 JUDGE: WEI—E? COMMUNICABLE. CONTAGIOUS, OR INFECTIOUS DISEASES: YD NISL M ASPIRIN, STEROIDS OR BLOOD THINNER.’ YD Ng FIRST DRAW DATE: ’7 R I— OZ TIME: 00:! BLOOD KIT LOT #: 2W 57 BLOOD KIT EXPIRATION DATE: (0 - 30 —o 3 EQUIPMENT: €73 DRAWN FROM (Body location): LEE," MED/AL CLOTTING TIME: 5 fig COOPERATIVE: YENU SECOND DRAW DATE: TIME: BLOOD KIT LOT #: BLOOD KIT EXPIRATION DATE: EQUIPMENT: DRAWN FROM (Body location): CLOTTING TIME: ' COOPERATIVE: YE] NC] THIRD DRAW - DATE: TIME: BLOOD KIT LOT #: BLOOD KIT EXPIRATION DATE: DRAWN FROM (Body location): CLOTTING TIME: EQUIPMENT: a COOPERATIVE: YE] NE] [W v‘-\visioI/'Ili\plebolcm y checklist. doc 7 / Z: . / I/ I 51E 60 [a MIS/Zébg/xfly/ VENIPUNCTURE CHECKLIST FOR BLOOD ALCOHOL CONCENTRATION Subject Name: \JéSle’ 15603 Draw#: 2002’ IL DR#: 2‘40] 8 Confirm source identity Confirm with arresting officer if draw is search warrant or consent W E 1 E» 2. [:l 3. If consent, confirm with source 8 4 ‘ Verify expiration date on blood kit and ensure kit has not expired @— 5. Record expiration date on draw report gr 6. Record blood kit lot number on draw report Q’ 7. Wash hands and properly glove E» 8. Remove and assemble equipment and supplies m 9. Select appropriate venipuncture site gm. Cleanse draw site with provided alcohol—free prep pad E 11. Apply tourniquet @ 12. Anchor vein $13. Use the equipment supplied: in the kitrand a scalp vein/winged infusion needle when appropriate and withdraw blood specimens from the source Q14. Allow both provided tubes to fill to maximum volume Q15. Assure proper mixing of anticoagulant powder by slowly inverting tubes a minimum of five (5) times K16. Place absorbent material, remove needle, and apply direct pressure to site 317. Dispose of needle in a sharps container 62:18. Label and seal blood kit ~ give directly to the investigating officer [849‘ Ensure source has appropriate bandaging ‘ a 20. Dispose of used material " " - [3/21. Remove gloves and wash hands [3 22. Repeat steps 4 through 21 for each additional draw iw vtlvisioliuleslplebotomy checklist doc

Complaint: McCoy – Aggravated Driving or Actual Physical Control While Under the Influence of Liquor With a Person Under the Age of 15 in the Vehicle

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Nicole Latone vs Automatic Data Processing

Nicole Latone
Diversified Human Resources
3020 E Camelback Rd # 213,
Phoenix, AZ 85016
Phone:(480) 941-5588
nlatone@dhr.net

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Case 2:15-cv-00346-JWS Document 1 Filed 02/25/15 Page 1 of 13

Kelly McCoy PLC 340 E. Palm Lane, Suite 300 Phoenix, Arizona 85004 Telephone (602) 687-7433 Facsimile (602) 687-7466 Rose C. McCaffrey (AZ Bar No. 027722) (rmccaffrev@kellv-mccov.com) Matthew J. Kelly (AZ Bar No. 020526)

(mkelly@ kelly—mccoy.com)

Attorneys for Plaintiff Nicole Latone

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Nicole Latone, a single woman, No.

COMPLAINT

Plaintiff, V.

Automatic Data Processing, Inc., a Delaware corporatlon,

Defendant.

Plaintiff Nicole Latone (“Plaintiff”), for her complaint against Defendant

Automatic Data Processing, Inc. (“ADP”), a Delaware corporation, alleges as follows: PARTIES, JURISDICTION AND VENUE

1. Plaintiff is a resident of Mesa, Maricopa County, Arizona.

2. Defendant ADP is a Delaware corporation with its principal place of business in Roseland, New Jersey.

3. Defendant has caused events to occur in Maricopa County, Arizona, out of which Plaintiff’ s claims arise.

4. Defendant employs more than fifteen (15) employees and it is a covered employer as defined by Title VII of the Civil Rights Act of 1964, beginning at 42 U.S.C. § 2000c, A.R.S. § 23-1501, and the Arizona Civil Rights Act (“ACRA”), § 41- 1401 Arizona Revises Statutes (“A.R.S.”), et seq.

\IOUI-PUJN

10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case 2:15-cv-00346-JWS Document 1 Filed 02/25/15 Page 2 of 13

5. This Court has jurisdiction over the federal claims, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5.

6. This Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367.

7. This action is authorized and instituted pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, which incorporates by reference 42 U.S.C. 2000e-2 or 2000e-3, and Section 706 of Title VII of the Civil Rights Act of 1964; and A.R.S. §§ 41-1463 and 1481, and A.R.S. § 23-1501.

8. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b).

BACKGROUND ALLEGATIONS

9. Plaintiff started her employ with ADP in or about March 15, 2010, as a District Manager (“DM”) in the TotalSource division.

10. As a DM, Plaintiff was responsible for selling ADP’s products and services to small businesses.

11. Plaintiff was compensated through a base salary and commissions that were earned based on achieving performance goals.

12. Plaintiff reported to Mathew Beals (“Beals”), Vice President of Sales, when she was hired by ADP.

13. Plaintiff was assigned to the “new hire” territory zip codes 85006 and 85008, which allows all new DMs to solicit new business only in these two zip codes.

14. Other DMs were permanently moved from the “new hire” zip codes and assigned other zip codes in the Phoenix Area.

15. Plaintiff was never removed from the “new hire” zip codes.

16. Plaintiff was assigned additional zip codes in the Phoenix area but was never moved out of the “new hire” zip codes.

17. As a DM, Plaintiff had quotas for sales and leads that she was expected to achieve.

18. ADP provided DMs their sales goals in an annual “sales plan.” 2

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19. Plaintiff would receive monthly reports that tracked her performance categories.

ADP’S DISCRIMINATORY CONDUCT

20. In or about July 2010, Beals provided Plaintiff a new company sales lead to pursue.

21. Plaintiff went on the Initial Presentation (“IP”) for the new company lead.

22. ADP policy is that the district manager that participates in the IP is the district manager that is given credit for the sales ultimately generated from that IP.

23. After the IP appointment concluded, Beals called Plaintiff and told her that the lead he gave her was in another DM’s territory (zip code) and that Plaintiff had to allow the other DM take the account, which would also provide the other DM with all the additional sales and commissions that were generated from this account.

24. The sales lead went to a male DM.

25. Beals followed up with an email to Plaintiff where he apologized for the loss of the lead. Beals informed Plaintiff that he would give her a “Wild Card,” meaning that Plaintiff could ask Beals for anything she wanted.

26. Plaintiff asked Beals, via email, to please teach her about the service she was selling because Beals had been doing it a long time.

27. Beals responded to Plaintiff, via email, that she was “too easy.”

28. In or about November 2010, Plaintiff was assigned a new sales executive, Mike Gazzano (“Gazzano”), to be her direct supervisor.

29. Plaintiff was assigned an annual sales plan of $175,000.00. Plaintiff closed the year at 180% of her quota.

30. In or about January of 2011, Plaintiff sent an email to Gazzano about an account, BEST IT DOT COM (“BEST”).

31. Under ADP’s own policies and procedures, BEST should have been

Plaintiff’s account.

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32. ADP did not award Plaintiff this account and Plaintiff lost all commissions with BEST.

33. ADP did not compensate Plaintiff for any portion of the BEST account.

34. Plaintiff was the TotalSource DM of the month March 2011.

35. Plaintiff also qualified for a TotalSource sales contest for the time period of January 2011 through March 2011.

36. Plaintiff spoke to Gazzano in or about March 2011 and expressed her concerns about Danny Mormino (“Mormino”), another DM, being in Plaintiff’s territory and not following the ADP policy for leads in another DM’s territory.

37. Plaintiff provided Gazzano a list from the ADP database that clearly showed the dates that Mormino met with new account leads located in Plaintiff’s territory.

38. Gazzano stated that he would “look into” this situation. However, no action was ever taken as a result of Plaintiff’s complaint.

39. Plaintiff received a sales plan of $300,000.00 for fiscal year 2011-12.

40. In March 2012, Gazzano informed Plaintiff that he was placing her on a Performance Improvement Plan (“PIP”) because of her sales numbers.

41. Gazzano met with Plaintiff every week and on June 13, 2012, Gazzano placed Plaintiff on a final warning.

42. Plaintiff continued to close business after the PIP was issued and her performance was not discussed again.

43. Plaintiff was reassigned back to Beals in July 2012, which was the beginning of ADP’s fiscal year.

44. In or about January 2013, Plaintiff received an email from Beals informing Plaintiff that there was a current client, Sunora Energy, that wanted to bring on an additional company or “additional control” as it is known under ADP’s internal

terminology.

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45. Beals informed Plaintiff that Mormino was no longer with ADP and Sunora Energy (“Sunora”) was in her territory and that Sunora was now her assigned account and had annual sales with ADP of $200,000.00.

46. Plaintiff contacted Sunora’s owner to introduce herself as the new DM in or about January 2013. As a result of this meeting, Plaintiff discovered that Sunora had called ADP in March 2012 in search of an IP.

47. Under the ADP policies and procedures, Plaintiff should have been given Sunora in March 2012 as it was located in her territory.

48. Beals gave the lead to Mormino in March 2012 instead of Plaintiff.

49. Plaintiff’s loss of the commissions for Sunora cost her approximately $40,000.00 in commissions as well as stock options and a lucrative trip that was valued at approximately $10,000.00.

ADP’S RETALIATORY CONDUCT

50. In May 2013, Beals referred another lead that should have been Plaintiff’s to Jon Schwartz (“Schwartz”), a younger male DM.

51. Plaintiff complained to Beals.

52. Beals initially agreed that the lead was Plaintiff’ s. However, Beals decided, two days later, that the lead would have to be split in half with Schwartz because he was part of the IP.

53. Plaintiff complained to Beals that splitting the lead with Schwartz completely contradicted how he handled the account given to a male DM in or about July 2010.

54. Plaintiff received an email from Beals on July 8, 2013, which also copied Scott Halperin (“Halperin”), the Divisional Vice President, where Beals told Plaintiff that even though she did not realize her sales goals for the fiscal year, she did show an improvement in efficiency and overall production from the prior year. Beals stated that

7

he and Halperin were here to assist Plaintiff “in any way’ so that she can meet and

exceed her goals for fiscal year 2014.

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55. ADP assigns representatives to assist DMs known as Majors Representatives (“Major”).

56. All ADP DMs had at least one, or more, Majors assigned to their territory.

57. Majors help generate leads and sales in their assigned territories that benefit ADP and the DMs sales numbers.

58. Plaintiff was assigned a Major, Katie McCartin (“McCartin”), from in or about January 2013 until July 2013.

59. Beals told Plaintiff that McCartin was no longer her Major in or about July 2013.

60. Plaintiff was assigned another Major, Sigrid Hollingsworth (“Hollingsworth”), in or about July 2013. 61. Plaintiff was told that Hollingsworth refused to work with Plaintiff.

62. Beals did not assign another Major to Plaintiff.

63. Plaintiff was never formally assigned another Major, even though every other DM had one or more assigned to their territory.

64. In or about August 2013, McCartin text messaged Plaintiff inquiring why she was no longer her Major.

65. McCartin stated that she wanted to work for Plaintiff and the DM McCartin worked for agreed that she could be moved.

66. Plaintiff informed Beals that McCartin wanted to work as her Major.

67. Beals refused to reassign McCartin and stated that it “would not be fair” to the DM McCartin worked for if he allowed McCartin to move back to Plaintiff.

68. Beals contacted Plaintiff on March 7, 2014, and told her that he was assigning McCartin back to her as her Major, eight months after Plaintiff’s original request.

69. In addition to the Majors, ADP has Small Business Services Representatives (“SB S”) in a DM’s territory to help increase sales volume.

70. Plaintiff had one SBS representative assigned to her in July 2013. 6

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71. Other females under forty had three to four SBS representatives assigned.

72. Male DMs, with less seniority than Plaintiff, had more SBS representatives than Plaintiff.

73. Plaintiff asked Beals how she could have additional SBS representatives assigned.

74. Beals would never provide Plaintiff with the criteria that he used to assign additional SBS representatives.

75. Beals placed Plaintiff on a PIP on October 8, 2013, even though Plaintiff was 129% of her quota year-to-date.

76. A male DM that had an identical sales quota and activity level was not placed on a PIP.

77. Beals sent Plaintiff an email on November 5, 2013 requesting to have a meeting. Beals did not reply back to Plaintiff’s inquiry about what she could do to prepare for the meeting.

78. Plaintiff filed her fist charge of discrimination and retaliation online with the Arizona Civil Rights Division (“ACRD”) on November 5, 2013.

79. Plaintiff showed up for her meeting with Beals on November 6, 2013. Beals merely asked Plaintiff how she was and then told her she could leave.

80. January 2, 2014, Plaintiff emailed an associate, Adam Smith, and copied Beals, in reference to an account Plaintiff was going to do a Business Proposal for on January 10th, 2014. Plaintiff asked Beals if Adam Smith could also attend the meeting. Beals did not reply to Plaintiff’s email until Monday January 13, 2014, and informed Plaintiff that she could not write the business for this account.

81. Beals knew that Plaintiff was meeting with the prospect and would not reply back to Plaintiff’s message until after her meeting with the prospective client.

82. Plaintiff met with Beals on January 6, 2014, where Beals put Plaintiff on a

final warning for performance even though Plaintiff was above plan.

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83. Beals sent Sheri Rowe (“Rowe”) with ADP Human Resources Plaintiff’s final warning.

84. Plaintiff sent an email to Beals and Rowe about the time period Beals referenced in Plaintiff’s final warning. Neither Beals nor Rowe responded to Plaintiff’s email.

85. Plaintiff emailed Beals on February 12, 2014, asking for his assistance on a potential new and large account. Beals never replied to Plaintiff’s email.

86. Plaintiff’s PIP stated that Beals would meet with Plaintiff weekly. Beals never met with Plaintiff except to place her on a final warning.

87. Plaintiff submitted her letter of resignation on March 14, 2014, with a two week notice, as a result of the ongoing discrimination and retaliation she received at ADP.

88. Plaintiff was not allowed to complete an exit interview.

89. Plaintiff sent several emails to Rowe inquiring about her final check. Rowe did not reply to Plaintiff’s email.

90. Plaintiff received an overnight letter from Rowe on March 17, 2014.

91. Rowe’s March 17, 2014 letter stated that she did not agree with Plaintiff’s characterization of ADP’s actions and work environment and that ADP does “not allow” such notice from their sales force. The letter further stated that Plaintiff’s separation was effective March 14, 2014.

92. Upon information and belief, other ADP representatives that resigned never received an overnight letter from human resources or that their resignation letter was not allowed.

93. Plaintiff filed charges with the Equal Employment Opportunity Commission (“EEOC”) against ADP for discrimination and retaliation based on sex and

age. Plaintiff exhausted her administrative remedies requirement.

94. Plaintiff received her right to sue letter for her EEOC charges.

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w (Disparate Treatment/Termination/Retaliation Based on Sex Under Title VII)

95. Plaintiff incorporates and adopts the preceding paragraphs as if fully set forth herein.

96. Plaintiff dual filed a claim of gender discrimination and retaliation on or about November 14, 2013, EEOC No. 358-2014-00084, with the EEOC and ACRD.

97. Plaintiff dual filed an additional charge of retaliation, CRD No. P0012014000925/35A-2014-00275, on or about March 4, 2014 with the EEOC and ACRD.

98. Plaintiff was discriminated against because of her gender in violation of Title VII.

99. The discrimination includes ADP terminating Plaintiff’s employment because of her gender or retaliating against Plaintiff for complaining about discriminatory conduct based on gender.

100. ADP unlawfully retaliated against and terminated Plaintiff’s employment because of sex, and in retaliation for Plaintiff’ s complaints about disparate treatment of females.

101. The indicia of sex discrimination includes, but is not limited to, the fact that ADP treated female employees less favorably than male employees in the same position; making derogatory and harassing comments about female employees because of their gender; retaliating against Plaintiff for lawfully complaining about the harassing conduct under the pretext that Plaintiff did not pass her probationary period.

102. The discrimination against Plaintiff includes ADP constructively discharging her employment for a reason that was clearly pretextual.

103. As a direct and proximate result of ADP’s willful, intentional, and

unlawful discrimination, and termination of Plaintiff’s employment, she has, and

continues to suffer, emotional distress, anxiety, stress, humiliation, embarrassment, 9

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inconvenience, mental anguish, loss of enjoyment of her life, lost salary and bonuses, loss of employment benefits, and other compensation in an amount to be proven at trial. COUNT TWO (Age Discrimination) 104. Plaintiff incorporates and adopts the preceding paragraphs as if fully set

forth herein.

105. Plaintiff is female, over forty (40), and was an employee of ADP.

106. Plaintiff was performing her job satisfactorily and was ahead of plan.

107. Plaintiff was discriminated by ADP because of her age.

108. Plaintiff was constructively discharged under circumstances giving rise to

an inference of age discrimination.

109. Upon information and belief, Plaintiff was replaced by a group of younger or less-qualified employees.

110. As a direct and proximate result of ADP’s willful, intentional, and unlawful discrimination, and termination of Plaintiff’s employment, she has, and continues to suffer, emotional distress, anxiety, stress, humiliation, embarrassment, inconvenience, mental anguish, loss of enjoyment of her life, lost salary and bonuses, loss of employment benefits, and other compensation in an amount to be proven at trial.

w (ARIZONA CIVIL RIGHTS ACT) (Retaliation )

111. Plaintiff incorporates and adopts the preceding paragraphs as if fully set forth herein.

112. Plaintiff is female, over forty (40), was an employee of ADP, and is a protected class under the ACRA.

1 13.

under the ACRA in violation of A.R.S. § 41-1401, et seq.

Plaintiff was discriminated against and retaliated against for filing charges

10

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114. The discrimination includes ADP taking adverse employment actions against Plaintiff retaliation for her complaints about discriminatory conduct to management and for Plaintiff exercising her rights under the ACRA.

115. Under A.R.S. § 41-1463(B), it is unlawful for an employer to discriminate or discharge an individual on the basis of sex, or in retaliation for complaints about discriminatory conduct under the ACRA.

116. The discrimination includes ADP taking adverse employment actions against Plaintiff and retaliating against Plaintiff because of her complaints about disparate treatment and retaliation.

117. ADP’s retaliatory conduct made it objectively difficult or created unpleasant working conditions such that a reasonable employee would feel compelled to resign.

118. Plaintiff also endured a continuous pattern of harassment and discriminatory treatment by ADP that would cause a reasonable employee to feel compelled to resign.

119. As a direct and proximate result of ADP’s willful, intentional, and unlawful discrimination, and termination of Plaintiff’s employment, she has, and continues to suffer, lost income, loss of employment benefits, and other compensation in an amount to be proven at trial.

w (Constructive Discharge Under A.R.S. § 23-1502)

120. Under A.R.S. § 23-1502, an employee is allowed to establish a claim for constructive discharge.

121. Plaintiff believed she was being discriminated and retaliated against based on her sex and age.

122. Plaintiff complained to ADP management. 123. Plaintiff filed two charges of discrimination with the EEOC and ACRD.

11

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124. The discrimination includes ADP taking adverse employment actions against Plaintiff and retaliating against Plaintiff because of her complaints about disparate treatment and retaliation.

125. ADP’s retaliatory conduct made it objectively difficult or created unpleasant working conditions such that a reasonable employee would feel compelled to resign.

126. Plaintiff also endured a continuous pattern of harassment and discriminatory treatment by ADP that would cause a reasonable employee to feel compelled to resign.

127. Plaintiff provided ADP with at least fifteen written days’ notice, in addition to her written charges of discrimination and retaliation, that the working conditions would cause her to resign.

128.

2014.

ADP responded that they are accepting Plaintiff’ s notice as of March 14,

129. ADP did not pay Plaintiff for her notice period of constructive discharge.

130. As a direct and proximate result of ADP’s willful, intentional, and unlawful discrimination, and constructive termination of Plaintiff’s employment, she has, and continues to suffer, lost income, loss of employment benefits, and other compensation in an amount to be proven at trial.

WHEREFORE, Plaintiff prays for judgment as follows:

A. For compensatory damages in favor of Plaintiff and against ADP, in an amount to be proven at trial, as a result of ADP’s tortious conduct in violation of Title VII

and the ACRA, together with prejudgment and post-judgment interest, as applicable, until

paid in full; B. For an award of punitive damages in favor of Plaintiff and against ADP; C. For an award of attorneys’ fees and costs of court under 42 U.S.C. §

2000(e)-(k), 42 U.S.C. § 12205, and A.R.S. § 41-14810); and

D. For such other and further relief as this Court deems just and proper. l2

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DEMAND FOR JURY TRIAL Plaintiff hereby requests that upon trial of this action, all issues be submitted to and determined by a jury except those issues expressly reserved by law for

determination by the Court.

Dated: February 25, 2015 KELLY MCCOY, PLC

By: /s/ Rose C. McCaffrey

Rose C. McCaffrey Matthew J. Kelly Attorneys for Plaintiff

13

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