On the above date and time, while assigned to E-4, I was dispatched to the area of Broadway and School St. for a disabled motor vehicle. The reporting person stated there was a motor vehicle in the intersection with the lights on causing a traffic issue. He heard several vehicles honking their horns due to the vehicle in the roadway. He said this went on for several minutes before he called. He could not tell if anyone was in the vehicle.
Officer McNally arrived on scene first. As I approached the scene, I observed MA XXXXX, a Toyota Camry sedan, stopped in the traffic lane with the lights on at the corner of School St. and Broadway (both public ways in the City of Somerville). Officer McNally advised me that there were two men asleep in the vehicle. I approached the vehicle and observed two males slumped over and it appeared they were asleep. The operator had his foot on the brake and the gear shift was in drive. I observed two cans of Heineken beer on the floor behind the driver. The windows were closed and the doors were locked. We requested Fire and EMS to our location as a precaution.
Fire arrived and they were advised of the situation and placed metal blocks under the tire so the vehicle would not move. This was done for our safety in case the driver woke up and moved the vehicle. We made several attempts to wake up the men in the vehicle by banging on the window, the hood and yelling at the two to wake up. After several minutes, the operator, later identified as Jose Reyes, started to pick his head up. He had a dazed look as we were yelling at him to put the car in park and open the door or window. His head was swaying all around and he struggled to unlock the door or open the window. He opened the window to the rear drivers side and a firefighter reached in and unlocked the door. I opened the door and jumped in the back seat and reached up and placed the car in park and took out the keys.
It took several minutes for Officer McNally to wake up the passenger. Officer Goncalves arrived on scene and assisted with getting the passenger out. I had Mr. Reyes exit the vehicle. His eyes were glassy and he had a blank stare as I tried to engage him in conversation. He was unsteady on his feet and made some inaudible comments I could not understand. I asked him if he had been drinking and he said no. I asked him if he was suffering from a medical condition and he said no. Officer McNally and Officer Goncalves both said there was a strong odor of alcohol emanating from the vehicle, and that both men smelled of alcohol. My sense of smell was affected by a head cold. Based on my observations I decided to perform a Field Sobriety Test. I asked Mr. Reyes if he would be willing to perform a Field Sobriety Test and he said yes.
I attempted to perform the Horizontal Gaze Nystagmus Test, but he could not follow my simple instructions to follow the pen with his eyes. I brought him to a well lit area with a flat surface. Officer Goncalves assisted. I asked him if he had any issues with his legs or any medical conditions that would make it difficult to take the test and he said no. I instructed him on how to do the One Leg Stand and he stated that he understood. He kept his hands behind his back never raised his foot off the ground. He had his right foot behind him and it was up on his toes. He repeated numbers over and over and never made it past four. I instructed him on the Ten Step Walk and Turn and he said he understood. He never walked heel to toe. His feet were off to the side at every step. He stumbled on the second, third and seventh step. It was this time that I formed the opinion he was under the influence of alcohol. As we walked back to the vehicle, he was unsteady on his feet and he was still counting and had to be told several times that he could stop by Officer Goncalves. Inside the vehicle, I confiscated two full cans and two empty cans of Heineken beer and one empty Bud Light can. The vehicle was towed by Pats Tow.
I placed Mr. Reyes under arrest for Operating Under The Influence Of Liquor. He was transported to the Somerville Police station in marked unit 200. During booking, Lt. Vivolo stated that Mr. Reyes smelled of alcohol. At booking, under audio and video, Mr. Reyes agreed to perform a Field Sobriety Test. He was instructed on the One Leg Test and said he understood. He could not keep his foot in the air and was unable to count in the appropriate manner which he was instructed. The Walk and Turn he was unsteady on his feet and stumbled near the end. He refused the Breathalyzer and his license was confiscated. Lt. Vivolo read Mr. Reyes his Miranda and he said he understood. He was asked if he would waive Miranda and speak with Lt. Vivolo and he agreed. Mr. Reyes stated he had been drinking at YYYYY, Somerville, since five p.m. and had about five to ten beers. He was also issued Citation #R6652223.
Officer James Slattery Jr.