On Sunday, November 16th, 2014 I, Officer Kim, was on routine patrol in marked cruiser East 4. At approximately 03:00 hours I was dispatched to the area of Broadway for a report of a White motor vehicle operating erratically. The reporting person stated the he witnessed a white motor vehicle swerving violently, striking the curb and continue driving up Broadway towards Davis Square.
Upon arrival I was met by Unit East 1: Officer Pulli who had located the vehicle and was first on scene. I viewed the suspect vehicle, a White Nissan Maxima bearing MA Registration #2GG438, that was parked in the bus stop in front of Broadway. The front right tire was completely missing and only the aluminum wheel remained. The front right wheel well was heavily damaged as was the entire under carriage of the vehicle. I spoke with Officer Pulli who stated that he was driving up Broadway when he spotted the suspect vehicle. He witnessed the operator park in the bus stop and then try to drive away. The operator of the motor vehicle was identified as Jose Aguilar. A query of Aguilar’s information showed that he did not have a valid driver’s license. I spoke with Aguilar and immediately noticed a strong odor of alcohol. His eyes were red and glossy and his speech was slow and slurred. I asked Aguilar how much he had to drink and he stated that he had around 8 -10 beers.
I asked Aguilar if he would be willing to take a Field Sobriety Test, and he replied yes. I administered 3 standardized field sobriety tests on Aguilar. During the first test, “Horizontal Gaze Nystagmus”, I detected involuntary jerking of the eyes which is indicative of alcohol intoxication. I witnessed this in both eyes during all 3 tests for Nystagmus: Lack of Smooth Pursuit, Sustained and Distinct Nystagmus at Maximum Deviation, and Nystagmus Prior to 45 Degrees. Next I administered the ” Walk the Line” test. During this test Aguilar began the test before being told to, stepped off the line on the first step and continued to walk in a diagonal motion. He also failed to touch his heel and toe on each step as instructed. This test was administered 3 times with the same result. Next I administered the ” One Leg Stand” test. This test was unable to be completed due to the fact that Aguilar did not follow directions and kept trying to do the “Walk the Line” test instead. After 3 attempts, Aguilar still could not complete the test. Aguilar was placed under arrest and transported to the station for booking via Unit 200: Officer Stanford. During the booking process, using the Blood Alcohol Test machine, Aguilar’s blood alcohol content was determined to be 0.16%. This is 2 times the legal limit of 0.08% B.A.C in regards to operation of a motor vehicle on a public way.