On 01/24/2016, I was assigned in uniform to marked unit East 4. At 1942 hrs I along with East 1 (Ofc Schneider) and East 3 (Ofc Mccarey) responded to 333 Broadway for the report of a vehicle stuck on top of the median strip. Upon arrival, I along with Ofc Schneider observed a Black Chrysler 300 stuck on top of the median pointing east bound on Broadway, with its wheels spinning. Officer Schneider and I then exited our cruisers and approached the operator, who was identified as the registered owner Agostinho Silva. I then advised Silva to put the vehicle in the park gear and for him to shut his vehicle off. I then asked Silva how he ended up on top of the median. Silva then answered me back in a delayed and slurred manner, that he did not see the median because of the snow.
I then advised Silva to step out of the vehicle because Export Towing was coming to pull the vehicle off the median. Once Silva stepped out of vehicle, I observed that he was very unbalanced on his feet. I then walked Silva across the east Bound Lane of Broadway, to the sidewalk and pathway to Citizens Bank located at the intersection of Broadway and School Street. I then asked Silva if he had consumed any alcohol beverages and where he was coming from. Silva Stated that he was at home watching the Patriots game and that he consumed about 3 beers, and that he was now heading to his friend’s house. As I spoke to Silva, I could detect a strong odor of alcohol coming from his breath. I then requested that Silva perform some field sobriety tests, which he agreed to do. The area where the tests were performed was a paved level surface free from defects. All field Sobriety tests where explained in English and also In Portuguese to Silva as Portuguese is his native language
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. (This is a test to check involuntarily jerking of both eyes while moving my pen side to side). I then asked Silva to follow the tip of my pen with his eyes only and not his head and asked if he understood He stated “yes”. I then began the test, As soon as I moved my pen he began to follow it using his head. I then advised Silva the instructions again and again when I started the test he again was following my pen by moving his head side to side. I stopped this test due to the fact that Silva could not follow instructions.
The second test I administered was a one leg stand. I asked Silva if he had any physical defects that would prevent him from doing the test, he stated no. I then instructed and demonstrated to him 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 told him when he started to count not to stop counting until I instructed him to stop. I asked Silva If he under stood the instructions to the test. He stated in a slurred manner “yes”. Silva then raised his right leg for about 4 seconds before he began to stumble to his right side putting his right foot down immediately. He attempted the test again but as soon as he raised his right foot, he began to stumble to his left side. I stopped this test for Silva for his safety as he could not maintain his balance.
The third 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 at 45 degrees, and to walk heel to toe back and forth, pivoting with the front foot to turn and come back. I again verbally and physically demonstrated the instruction and asked if he understood. He stated that he understood. Silva then began the test and he failed to do one heal to toe as he took a total of 6 steps one way and 4 steps back, walking off balance.
At this point, I placed Silva under arrest for the charge of operating a motor vehicle under the influence of alcohol and Negligent operation of a motor vehicle. Marked transport unit #200 was requested to transport Silva back to the Somerville Police Station so that he can be processed according to department procedure by Lt. Vivolo. Silva’s vehicle was towed by Pats Tow and a MA uniform citation (#R7096389) was issued to Silva. Silva was afforded a Breathalyzer test to which he refused to take.
Officer Jason Costa #301