On Friday September 03, 2015 at approximately 2000 HRS, dispatch put out a, be on the lookout, (BOLO) for a black BMW, just took exit 29 off Route 93 North and operating erratically. Dispatch also stated over the radio that the vehicle is registered in the city of Somerville, at 9 Tufts St. At that time I Officer Randy Isaacs started driving towards Tufts St to try and locate the vehicle and possibly speak with the driver.
At approximately 2008 HRS, dispatch reported a single motor vehicle accident near 30 Broadway and that the vehicle that crashed was the same that was reported from the earlier BOLO. Upon arrival I noticed a black BMW in the west bound lane on Broadway, near the intersection of Broadway and Lombardi Way, with the driver sitting inside. Upon approaching the vehicle there was a passerby that was with the vehicle trying to talk to the operator and holding the vehicle keys. The passerby stated that he did not witness the accident; however there was a pizza delivery guy that was there and saw the accident.
The passerby stated the pizza delivery guy informed him that the operator went onto the median on Lombardi Way and hit a street sign, after hitting the sign the vehicle went up Lombardi Way and onto the median at the intersection of Broadway and Lombardi Way. After hitting and driving up onto the median the vehicle came down and stopped in the west bound lane on Broadway. It was at that time that the pizza delivery person went to the vehicle to see if the driver was ok and realized that the driver smelled of alcohol and took the keys out the vehicle. The passerby stated that the pizza delivery person handed him the key and stated that he had to go because he is still at work. The passer by stated that he did not get the name of the delivery guy or what company he worked for. After handing me the keys the passerby stated that he had to go and left the area before I could get his information.
Upon making contact with the motor vehicle I noticed that the operator was still sitting in the driver’s seat with the driver’s side airbag deployed. Upon opening the driver’s side door I could smell a strong odor of alcohol beverages coming from inside the motor vehicle. I asked the operator of the motor vehicle if he was ok or if he needed medical aid. The operator stated that he was ok; he does not want an ambulance. While speaking with the operator I could smell a strong odor of alcohol beverages emanating of the operator’s breath and his speech was slurred.
At the time I asked the operator if he had his driver’s license and registration in the vehicle and he stated yes. I asked the operator if he could hand me his driver’s license and registration and he patted his two front pockets. I then asked the operator if he could step out the vehicle and he stated yes. As the operator was exiting the vehicle, he almost fell and I had to catch him. As I was holding on the operator, he was unstable on his feet staggering back and forth. It was at that time that I placed the operator down on the median and attempted to locate his wallet. The wallet was located in the driver’s side door pocket. In the operators wallet was his driver’s license, identifying the operator as Mr. Juan Benito.
After securing Mr. Benito’s driver’s license, I asked him to stand and walk with me to a flat surface in order to conduct a field sobriety test. Mr. Benito was unable to get up and I had to assist in getting him up. Mr. Benito was also unable to walk on his own and I had to assist him walking to the side of the road to a flat surface and a solid white line. The first test that I administered to Mr. Benito was the Horizontal Gaze Nystagmus. As I was instructing Mr. Benito that I wanted him to keep his head still and follow my finger with only his eyes he started following my hand during the instruction. After starting the test, Mr. Benito kept following my fingers with his head and not his eyes. After the third time stopping and instructing Mr. Benito to only follow my finger with his eyes and nor his head I ended the test.
The second test that I administered to Mr. Benito was 9 Step, Walk and Turn. Before starting the instruction I asked Mr. Benito did he have any problem with his leg that would prevent him from taking the test and he stated, No. I then instructed Mr. Benito to take 9 steps, toe to heel, along the straight line. After taking the 9 steps, turn around on one leg and return in the same manner. After completing my instructions I asked Mr. Benito did he understand and he stated Yes. After asking Mr. Benito to begin the test he stood still and did not attempt to walk the line, the entire time rocking back and forth, as if he was going to fall over.
It was at that time that it was at that time that Mr. Benito was placed under arrest for operating a motor vehicle while under the influence of alcohol. Mobile detention, Unit 200 was notified, however because of another prisoner being booked at the station, Unit 93 was dispatched and transported the prisoner back to the station to be booked and finger printed. While at the station Mr. Benito was administered another set of Field Sobriety Test, this time using an interpreter, Officer Sergio Costa, an Auxiliary Officer for the City of Somerville.
The first test that was administered to Mr. Benito was the 9 Step Walk and Turn. Mr. Benito was instructed to take 9 steps, heel to toe, along the straight white line. After taking the 9 steps, turn around on one leg and return in the same manner in the opposite direction. As Mr. Benito started the test he stepped off the line on the first step. Mr. Benito kept walking but not on the line. Mr. Benito walked the entire line taking 21 steps, stepping with one leg and then with the other to the side of his first leg. Mr. Benito then turned around and walked back in the same manner, taking one step and bringing the other leg besides his first leg, again Mr. Benito did not take 9 steps or stayed on the line.
The next test that was given was the One Leg Stand. Mr. Benito was instructed to hold one leg approximately 6 inches off the ground with the bottom of his feet parallel to the ground and hold it till I told him to stop. After asking Mr. Benito to begin the test he did not raise his leg as he was unstable on his feet. Mr. Benito was then instructed of his rights to take a breathalyzer, take breathalyzer with a doctor of his choice or refuse to take one. Mr. Benito agreed to take a breathalyzer and came back with a reading of 0.17%.
Officer Randy Isaacs