Real Life Somerville Police Stories:Peter AVERY (Negligent Op. of MV, OUI Liquor 3rd Offense)

   
 
On Wednesday, May 04, 2016 I, Officer Robert Pasqualino was on duty for the Somerville Police Department in marked cruiser E-3. Around 9:30 PM I was dispatched to 2 Highland Avenue (a public way in the city of Somerville) for a report of a motor vehicle accident. Upon my arrival, I observed several people outside standing on the sidewalk on Highland Avenue. I exited my cruiser and was first confronted by a Mr. Peter Avery who appeared to be extremely unsteady on his feet.

 

Initial Contact:

 

     I asked Mr. Avery if he was the operator of the motor vehicle with the heavy front end damage, he replied “Why?” At this time I asked Mr. Avery for his driver’s license, and he was able to produce it from his wallet located in his back left pocket. I asked who else was in the vehicle with him when he crashed and he stated just himself. I checked for any injuries on Mr. Avery and none were visibly present. The vehicle had sustained heavy front end damage along with a double air bag deployment. I asked Mr. Avery where he was coming from and he stated his house (Berkeley St). I then asked if he had consumed any alcoholic beverages before he drove his vehicle, and he stated “I wasn’t at a bar.” I asked once again if he had been drinking tonight and he stated “yes, two or three drinks.” I asked if he knew what kind of alcoholic drinks he had, and he stated “Does it matter?” I then asked Mr. Avery where he lived and he stated “In Somerville, less than a mile from here.” At this point, I had asked Mr. Avery if he was willing to do a few field sobriety test, to which he replied “Let’s do it.”

 

The Field Sobriety Test:

1) The first test was the Horizontal Gaze Nystagmus. I first explained that I was going to check his eyes and asked if he was wearing glasses or on any medication. He stated he was not wearing contacts and was not on any medication. I then explained to him that he was to follow the tip of my pen with his eyes and his eyes only, and to keep his head still. He stated he understood my directions and I began the test. As I checked his eyes for smooth pursuit, he was unable to keep his head from following the tip of the pen. I then attempted to test for Nystagmus at maximum deviation and again he was unable to keep his head still and moved it after I instructed him to keep it still and to use just his eyes to follow the tip of the pen. Because of his lack of ability to control to keep his head still, I did not administer the final portion of this HGN test which is the angle of onset prior to 45 degrees. Mr. Avery failed this exam.

 

2) The second test I gave Mr. Avery was the One Leg Stand. I asked Mr. Avery if he had any injuries to his legs or body that would prevent him from doing this test. He stated he didn’t. The sidewalk was clear of any debris that would prevent him from successfully completing this test. I instructed him to stand with his feet together and his arms by his side, which I demonstrated. I then instructed him not to move until I told him to do so. I demonstrated raising one leg in a stiff manner, holding my foot about 6 inches off the ground with my toe pointed forward and my arms to my sides and counting out loud 1001, 1002, 1003. I told him when he started to count until I instructed him to stop. He said he understood my instructions and began the test. When Mr. Avery began the test, he was unable to keep his foot elevated and removed his right arm from his side to grab on to a chain link fence in order to keep his balance. Mr. Avery failed this exam.

 

3) The third test I gave Mr. Avery was the walk and turn. I instructed Mr. Avery that he was going to put his right foot directly in front of his left foot, touching heel-to-toe with his hands at his sides throughout the entire test, which I then demonstrated to him. I had him get into the proper position and before I told him to begin, Mr. Avery did so on his own. I stopped him and asked him to wait for my command to start and also asked if there was anything wrong with him that would prevent him from completing this test, to which he said “no.” He began the test and as soon as he took step number 1, his arms rose up from his side in order to balance. Mr. Smith also was unable to complete a heal-to-toe successfully. His feet were several inches apart from one another. (I would like to note that there was no straight line on the side walk for Mr. Avery to follow but due to the fact he stated “I’m done, I won’t do this”, and used him arms for balance after explaining to keep them on his side, and he didn’t bring each foot into contact with the other so that it would come in contact forming the heal-to-toe, I determined he failed this exam.)

 

At this point, I placed Mr. Avery under arrest for operating under the influence of alcohol and negligent operation of a motor vehicle, and requested the marked transport wagon 200 to bring him to the station to be processed according to department procedure.

 

Citation:

Mr. Avery was issued Massachusetts Uniform citation # R7641521 for operating under the influence of alcohol and negligent operation of a motor vehicle.

 

 

Respectfully Submitted,

 

 

Officer Robert M. Pasqualino #271

Somerville Police Department

 

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