At approximately 9:41pm on October 22, 2014 I, Officer Salvatore Fusco while assigned to the East 1 patrol car responded to Innerbelt Road for a report of a motor vehicle accident. Upon my arrival I was approached by
witness who was standing next to a black pick-up with another male later identified as Mark Harvey. The witness said that he was walking towards his vehicle a 2004 Honda Pilot when he observed the black pick-up speed backwards and strike the left front fender of his vehicle. He said that the pick-up then pulled forward and attempt to turn around at which time he gained the operator of the vehicle Mark Harvey’s attention. The witness further stated that he attempted to exchange information with Mark Harvey and that Mark Harvey said that he had no registration for the vehicle and refused to show him his drivers license.
After speaking to the witness I approached Mark Harvey and asked if he was the operator of the pick-up at which time he said yes. I then advised him that I was going to require his license and registration so that I could file an accident report. It was at this time that I observed that Mark Harvey was unsteady on his feet and I could also detect a slight odor of alcohol coming from him. I then asked Marked Harvey to walk over to the doorway of the building with me so that we could get out of the wind and rain. We then walked up to a level loading dock area at which time I told Mark Harvey that I suspected that he had been drinking alcohol and that he was impaired due to its consumption. Mark Harvey replied that he had one beer earlier with a friend. While speaking to Mark Harvey I observed that he was unable to stand steady without leaning on the wall. I then asked him for his license at which time he pulled several items from his wallet including his license and was unable to separate his license from the other items which included what appeared to be a couple of credit cards.
I asked Mark Harvey if he was willing to take a series of test that would determine his balance and coordination. He agreed to take the tests and prior to administering the tests I asked him if he was diabetic or if he had any injuries that would prevent him from taking the test to which he replied no to both.
The first test that I administered to Mark Harvey was the Horizontal Gaze Nystagmus. I instructed him to take his Index finger and touch the tip of the pen at which time he touched the side of the pen. I then told him to follow the pen with his eyes without moving his head as I was going to have the pen travel back and forth from shoulder to shoulder at eye level. He was unable to follow the pen and would only move his eyes slightly and then return them to center and turn his head. I repeatedly told him that I needed him to move his eyes without moving his head but he was unable to do so.
I then told Mark Harvey that the next test that I was going to administer was the one leg stand. I told him that he was going to stand with his arms by his side and stand on one foot and count to 30 by one thousands such as 1-1000, 2-1000, and 3-1000 and so on and that I was going to demonstrate the test to him first. After demonstrating the test to him, Mark Harvey attempted to take the test and was unable to perform the test as he kept placing his foot on the ground beginning with count one and two and almost falling at count five. When he again stumbled at count eight I stopped the test.
I then demonstrated to Mark Harvey the Nine step walk and turn. I showed him utilizing a straight line in the concrete that he needed to walk heel to toe for nine steps while counting them out and that at the end of the nine steps that he needed to make small steps in order to turn around and count and repeat the nine steps. Mark Harvey was unable to walk heel to toe and stepped of the line at steps three, five, six and stumbling off the line at step seven and was unable to turn without stumbling. It was at this time that I stopped the test and made the determination to place Mark Harvey Under arrest for operating a motor vehicle while under the influence of Alcohol.
Mark Harvey was transported to the Somerville Police Station by Unit 200.