On Thursday, December 11th, 2014 I was assigned to marked unit E-4. At approximately, 9:21 P.M. I was dispatched to the corner of Dartmouth Street and Medford Street (both public ways in the City of Somerville) for a
report of a motor vehicle accident. Somerville Dispatch reported that witnesses on scene stated that the operator of the crashing vehicle was trying to leave the scene.
Upon arrival, I observed a small construction dump truck, a green Dodge Ram with a Mass. commercial tag R38130, right at the corner of Dartmouth Street and Medford Street, in an approximate perpendicular position to the aforementioned corner. Moreover, the small truck had a heavy dent to its front bumper, apparently, caused by striking the face of the house right at this corner.
I then made contact with witnesses on scene, who when asked what had occurred, immediately alleged that a male that was leaning against a fence was the operator and that he was intoxicated. I then directed my attention to the male leaning against the fence. As I got closer, he appeared impaired and from him emanated a strong odor of alcohol beverage. I then made contact with him, and identified him as Mr. Roberto Pereira.
Furthermore, I asked Mr. Pereira to explain what happened, and with a slurred speech, he stated that he did not know which car he had hit. I immediately observed that his eyes were glossy, and unable to maintain his balance. I asked Mr. Pereira if he was diabetic, to which he responded “no”. I then asked Mr. Pereira if he had been drinking, to which he also responded “no”. At this point I requested to Mr. Perreira his driver’s license, to which he indicated that he had a Brazilian drivers license. I asked Mr. Perreira if he had a Massachusetts drivers license, and he stated no. I asked Mr. Perreira how long he has been living in the United States and he indicated that he has been living in U.S. for over a year. I then requested Mr. Pereira to perform some field sobriety tests, to which he agreed to do.
The area where the tests were performed was a paved level surface, free from defects. It was lit by over head street lights
The first test that I administered was a Horizontal Gaze Nystagmus. The first step of this test is to check the lack of smooth pursuit in both eyes, (which is an involuntarily jerking of both eyes while the individual follows my pen side to side). I explained to Mr. Pereira the instructions for the test, and then asked Mr. Pereira to follow the tip of my pen with his eyes only and not with his head. I asked if he understood and he stated yes. I then began the test. As I moved the pen he began to follow it using his head. I then advised Mr. Pereira the instructions of the test, however Mr. Pereira again was following the pen by moving his head side to side. I stopped this test due to the fact that Mr. Pereira could not follow instructions.
The second test that I administered was the walk and turn test . In this test, the individual needs to walk a series of nine steps with his arms out to his side, and to walk heel to toe back and forth, pivoting with the front foot to make the turn and then walk nine steps back. I explained to Mr. Pereira the instructions for the test and physically demonstrated the instruction and asked if he understood, to which he indicated that he understood. Mr. Pereira then began the test. Soon after he began the test he failed, as he could not complete one heel to toe step due to the fact that he was stumbling to his right. I stopped the test for his safety, as he was walking off balance.
The third test I administered was a one leg stand. I asked Mr. Pereira if he had any physical defects that would prevent him from doing the test, he stated that he had surgery on of his left leg. I then instructed and demonstrated to Mr. Pereira with my feet together and my arms by my side raising one leg in a stiff manner, holding my foot about six inches off the ground with my toe pointed forward and my arms on my sides counting out loud 1001, 1002, 1003. I explained to Mr. Pereira to use the leg he felt more comfortable with and that when he started to count not to stop counting until I instructed him to stop. I asked Mr. Pereira If he under stood the instructions to the test. He stated yes. As soon as Mr. Pereira raised his leg, he began to stumble to his side putting his left foot down immediately. He attempted the test again but as soon as he raised his left foot he began to stumble side. I stopped this test for Mr. Pereira’s safety as he could not maintain his balance.
At this point I placed Mr. Pereira under arrest for the charges of Not Duly Licensed Ch. 90 Sec. 10, and Operating a Motor Vehicle Under the Influence of Alcohol, Ch. 90 Sec. 24. Marked unit 200 was requested to transport Mr. Pereira back to the Somerville Police Station to be processed according to department procedure.