On August 26, 2014 I, Officer deOliveira, was in full uniform and assigned to marked unit 661 for the Somerville Police Department. At approximately 9:30 p.m., I was dispatched to Broadway, in the City of Somerville, for two men arguing in a possible motor vehicle accident.
Upon arrival, I observed two men parked beside a vehicle. I also observed 2 vehicles with fresh damage: the first was a 2010 Toyota Corolla red in color, the second was a 2000 Mercedes Benz C280 brown in color, to a Charles Kaasa. Mr. Kaasa acknowledged being the operator of the brown Mercedes Benz. Mr. Kaasa’s vehicle had damage to the entire right side.
Witness told me that both vehicles were turning left onto Broadway, from Lombardi Way, but that Mr. Kaasa failed to stay within his lane and crashed onto his vehicle. I asked both individuals for their license and registration; operator one provided it to me immediately, but I had to ask Mr. Kaasa for his license and registration 4 times. Even then, he only provided me with the license, very slowly. When I asked again for the registration, Mr. Kaasa gave me 3 different documents but never the registration. I began to take notice of Mr. Kaasa’s behavior. As I continued to engage Mr. Kaasa in conversation, during which he admitted to have consumed alcoholic beverages that same night, I noticed he had red, bloodshot eyes, his speech was slurred as he spoke to me, and an odor of alcohol emanated from his breath.
Based on my observations, I asked Mr. Kaasa to perform some Field Sobriety Tests (FSTs) to determine if he was under the influence of alcohol, which he agreed to. The FSTs were performed on the sidewalk, in a dry and smooth surface, non slippery, spacious and well-lit area. I would like to mention that I am trained and certified in Field Sobriety testing (FST), as well as in Advanced Roadside Impaired Driving Enforcement (ARIDE) through the Municipal Police Training Committee. The first test I had Mr. Kaasa perform was the Horizontal Gaze Nystagmus.
The next test I had Mr. Kaasa perform was the One Leg Stand. I demonstrated and explained the test fully, and he stated he understood my instructions. My observations were that Mr. Kaasa used his arms for balance and hopped several times to the point of almost falling. At that point, for his safety, I decided to conclude the Field Sobriety Tests and placed Mr. Kaasa in custody for operating a motor vehicle
under the influence of alcohol.
The second test I administered was the 9 Step Walk and Turn. As previously mentioned, Mr. Kaasa was on in a dry and smooth surface, non slippery, spacious and well-lit area, and with a clearly marked straight line. There was sufficient room for him to complete nine steps. There was sufficient room for him to pivot. I demonstrated and explained the test fully, and he stated he understood my instructions. My observations were that Mr. Kaasa took the wrong number of steps both times, swayed while balancing, used his arms for balance, and did not turn properly, as demonstrated.