Christine BOIREAU Arrest

On Thursday September 24 2015, I, Officer D’Amelio was in full uniform assigned to marked cruiser unit 872 (E2) for the Somerville Police Department. At approximately 4:45 AM I observed a red motor vehicle parked in the middle of the road in front of number ten Webster Ave with the hazard lights on. It did not appear that anyone was inside of the vehicle at the time. Webster Ave is a public way within the City of Somerville. Approximately ten minutes later I drove by Webster Ave for a second time to find that the same red motor vehicle remained parked in the middle of Webster Ave with the hazard lights on.

 

        I parked my cruiser behind the red vehicle activating my spot light and white takedown lights in the front only to illuminate the inside of the vehicle in addition to my emergency blue lights in the rear to serve as a traffic safety function. As I approached the Red Toyota Scion, I observed a female slouched back in the driver’s seat sleeping against the door. I notified Somerville Police dispatch that I will also be checking the condition of a female passed out at the wheel of the vehicle. After several loud knocks on the window, I was unable to wake the woman from sleeping. At this time, I immediately requested EMS to respond to my location for a medical evaluation. As I opened the driver’s side door to attempt to provide first aid to the woman, she woke up. While speaking to her, I asked her if she had any medical conditions, or if she took any medications that may affect her ability to stay awake. She responded ” that she does not take any medication and has no medical issues.” I noticed that her speech was slurred when answering my questions. I asked her to take the keys out of the ignition to turn the vehicle off, instead the woman turned the radio off. At this time I reached into the vehicle and turned the key from the running position to the off position, removed them and placed them on the hood.

 

        I asked the woman if I could see her driver’s license to try and identify her. She slowly reached into the glove box and began rummaging through miscellaneous papers looking for something. I then repeated I only wanted to see her driver’s license and then she reached to the passenger seat to grab her wallet. She initially removed a white business card from her wallet and was going to hand it to me, but continued to search through the contents of her wallet to find her driver’s license. After approximately five minutes, the operator found her driver’s license and handed it to me. The operator of the vehicle was identified as Christine Boireau. When speaking with Ms. Boireau I could smell a strong odor of an alcoholic beverage emanating from her persons, in addition to red glassy eyes. Ms. Boireau was not wearing anything for footwear while she was speaking with me. I asked her to put her shoes on and step out of the vehicle. Ms. Boireau slowly reached over to the passenger seat once again to retrieve her shoes and placed them down on the pavement just outside of the drivers doorway. As she was attempting to place her feet into her open toed sandals she was swaying back and forth repeatedly while sitting in the driver’s seat. After she was able to put her sandals on, she stood up and immediately reached for the open drivers door for support.

 

        After gaining some balance on her feet she began to walk towards me in a sideways direction. After a few steps she almost lost her balance. At this time I grabbed her arm to support her, as I perceived she may entirely lose her balance and fall. I asked Ms. Boireau if she would be willing to perform a few field sobriety tests. At this time Units 873 (E3- Ofc. Isaacs) and 879 (S9- Lt. Rymill) arrived on scene to provide additional assistance with testing. I asked Ms. Boireau to walk a few feet away from her vehicle where I would be conducting the testing. As she began to walk to where I was standing she took a few steps and almost lost her balance once again, to where I grabbed her by the arm to provide support for her. I asked her if she still wanted to take the tests and she replied, “yes”. Ms. Boireau walked to the location where I wanted to conduct the field sobriety testing with assistance provided by me to maintain her balance. We were going to begin the testing with the nine step walk and turn test. I decided to use a seam in the pavement where two separate courses of asphalt met. The seam was clear of any debris, was on level ground and was equally parallel to the curb, in manner consistent with a straight line. The seam was approximately four feet away from the curb and Ms. Boireau’s vehicle was parked approximately eight to ten feet away from the curb.

 

        Officer Isaacs illuminated the seam with his spot lights and takedown lights equipped on his cruiser to provide better lighting to follow the straight line, I also illuminated the area with my flashlight. I explained to Ms. Boireau that I would be asking her to perform the nine step walk and turn test. I read a detailed description of instructions for the exam from a card that I keep on my persons at all times. In addition to providing instructions for the test I also demonstrated how to execute the test in the manner I was explaining it to her. After completing the instructions and demonstration I asked Ms. Boireau if she understood my instructions, she replied “yes”. I asked Ms. Boireau to begin the test when she felt ready. She began walking, taking twelve “actual steps” with her arms extended outward, while stepping off of the straight line numerous times that I identified for her to follow. Ms. Boireau continued to struggle maintaining a safe balance, to the point where I felt it was unsafe for her to continue performing the testing. I concluded all field sobriety testing, at this time Cataldo Ambulance arrived on location and provided medical attention to Ms. Boireau. During the EMT’s questioning they asked Ms. Boireau if she had anything to drink recently. Ms. Boireau paused and replied, ” I only had two beers.” Ms. Boireau assured the EMT staff that she was okay and stated ” I already have one OUI, I only live four O’Clock away,” and corrected herself by saying ” four blocks away.” After the EMT’s finished their medical evaluation of Ms. Boireau, she did not wish to go to the hospital, and refused all medical attention offered.

 

        At this time I placed Ms. Boireau under arrest for operating under the influence of alcohol. While inventorying Ms. Boireau’s vehicle, I noticed an empty household clear plastic cup placed sideways directly on top of the center console. Next to this cup was an open diet coke can placed properly in one of two cup holders. There was an odor of an alcoholic beverage emanating from the empty plastic cup. I also noticed that there was a partially dried puddle of liquid just outside of the driver’s side door of Ms. Boireau’s vehicle. Ms. Boireau asked Lieutenant Rymill ” why am I being detained?” He replied, ” you are not being detained, you are under arrest for operating under the influence of alcohol.” Ms. Boireau then replied, ” but I had to drink, it’s my sister’s birthday.” I transported Ms. Boireau in my marked cruiser to the Somerville Police Station to be booked by Lieutenant Lavey. Officer Isaacs was following directly behind me as I transported Ms. Boireau to the police station. Lieutenant Rymill remained on scene awaiting for Pat’s towing to remove Ms. Boireau’s vehicle.

 

        After completing the booking process, Ms. Boireau agreed to perform field sobriety tests for a second time, as well as provide a breath sample utilizing a breathalyzer machine located in the booking area within the police station. Both areas are audio and visual recorded. Ms. Boireau refused to take the nine step walk and turn test after I had explained the instructions and provided a demonstration for her. Ms. Boireau did perform the one leg stand test, however she did not pass satisfactorily. Following the one leg stand test, Ms. Boireau agreed to perform in the horizontal gaze nystagmus test. She lacked a smooth pursuit in both eyes when focusing on the stimulus object. There was also a distinct and sustained nystagmus at a maximum deviation, as well as showing signs of nystagmus onset prior to forty-five degrees in both eyes. Nystagmus is an abnormal and involuntary movement of the eyeballs from side to side. After completing the field sobriety testing, Ms. Boireau proceeded to provide a breathalyzer test administered by Officer Dervishian, and witnessed by Officer Diaz. After two attempts to provide a breath sample, Ms. Boireau was unable to provide a sample to meet the requirements needed by the machine to register a successful sample to process. She then decided to not proceed with the breathalyzer testing.

 

        Ms. Boireau will be charged with M.G.L. c90-24/K Operating under the influence of alcohol, second offense.

 

Respectfully Submitted,

 

 

 

 

Officer George D’Amelio #324