The following is a summary of the details related to this incident.
On October 20, 2016 while assigned as marked unit East-4, Somerville Dispatch relayed a traffic complaint to all units. Dispatch advised that it had just received a phone call from a citizen reporting a that a small 2-door Audi hit a traffic island and then cut lanes of traffic speeding down road in the area of Fellsway and Shore Drive. Marked unit East-1, Officer Ruf, and I made our way to this general area arriving approximately 3 minutes after the report.
In front of 80 Shore Drive, a public way in the city of Somerville, Officer Ruf observed a 2004 two-door Audi pulled to the side of the road. This vehicle was half on the sidewalk and half on the road on the no-parking side of Shore Drive. I observed the vehicle was occupied by someone in the driver’s seat and I informed dispatch that we would be checking on the condition of this person.
I walked to the driver’s side of the vehicle and observed a male occupying the driver’s seat. He was slightly slouched forward and appeared to be confused. Despite shining my flashlight through the window into the vehicle, he did not acknowledge me until I tapped on the window. At this point he slowly looked up and fumbled for several seconds attempting to roll down the window. He then opened the door to the vehicle. Once the door was opened I immediately detected the smell of alcoholic beverage emanating from the car. I observed a large 22 ounce bottle of Harpoon laying empty on the passenger side seat of the vehicle (submitted as evidence). The vehicle was off at this time and I observed the key on the floor next to his foot. I asked this individual if he was alright and he struggled to formulate complete sentences in response. I then asked for his identification to which he responded, “OK”. He then begin to look for it for several seconds before stopping, appearing to forget what I had asked him. I reminded him again I was waiting for him to provide his identification, at which point he begin to search his pockets again before finally presenting a Massachusetts Driver’s License.
I identified this individual using the driver’s license he provided me as Andrew Turner. I proceeded to ask Andrew where he was coming from and how he got here. Turner’s speech was heavily slurred and he struggled to formulate sentences but I gathered that he stated, “I came from Revere”. When I asked where he was going Turner responded, “I’m going to Brighton”. When asked how long he had been illegally parked on the side of the road, Turner responded, “A few minutes I guess”. It should be noted that I detected a strong odor of alcoholic beverage emanating from Turner’s breath and person. I quickly checked the exterior of the vehicle and observed several scratches on the front bumper that appeared to be fresh as well as heavy scratches on the passenger side front wheel; consistent with jumping a curb. At this point, I believed that Andrew had operated the motor vehicle while under the influence of alcohol and asked him to step out of the vehicle so I could test his sobriety to which he agreed.
Turner stepped out of the vehicle and was guided to the side of the road, under a street light, to a well-lit, flat, surface. I then administered the Walk and Turn test. I explained, demonstrated, and administered the Walk and Turn test to Turner using a straight line that happened to run down the middle of the sidewalk. I instructed him to place his left foot on the line and put his right foot in front of it, with his right heel touching his left toe and to keep his hands by his side. I then instructed him to take nine heel-to-toe steps on the line, turn around keeping one foot on the line, and return nine heel-to-toe steps. During this test, Turner took fourteen rapid steps, only the first three of which were heel-to-toe, raised his arms to maintain his balance throughout, and lost his balance coming completely off the line twice. Turner stopped after taking these fourteen steps and had to be reminded that he needed to walk back as well to complete the test. He then turned around and took 16 steps, again completely coming off the line twice, raising his arms to maintain balance throughout, and only 4 steps being heel-to-toe.
I then explained, demonstrated, and administered the One Leg Stand to Turner. I instructed him to stand with his heels together and arms by his side, and raise one leg approximately six inches off the ground, foot pointed out, keeping both legs straight and his eyes on the elevated foot. He was instructed to count out loud while holding that position; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop. During this test, Turner barely managed to raise his foot off the ground for more than approximately two seconds before dropping it to the ground to regain his balance.
The last test I administered was the Horizontal Gaze Nystagmus (HGN). Before the test I asked Turner to remove his glasses. During this test, I observed a lack of smooth pursuit in both eyes, distinct and sustained Nystagmus in both eyes, and an angle of onset prior to 45 degrees in both eyes. Turner also struggled to hold his head still throughout this test and move only his eyes.
Based on my observations, Turner was placed into custody and is charged with violation of M.G.L. 90 § 24 OUI Liquor. He was transported to the Somerville Police Headquarters via unit 200, operated by Officer Reece, and booked by Lieutenant Lavey.
Officer Anderson #315