On Tuesday, December 6, 2016 I was assigned to marked unit east 4 (E-4). At approximately, 2:24 P.M. I was dispatched to 312 Broadway for a report of a male sleeping inside a gray SUV. Officer Moreira E-3 located the suspect in the parking lot of 300 Broadway.
Upon arrival, I observed a gray Mazda CX7 with the engine running parked into one of the spots at the aforementioned location. I observed that the driver’s door was partially open. I then knocked on the window in order to wake-up the operator, identified as Mr. Fredly Noel. Once Mr. Noel woke-up I opened the driver’s door and asked him to shut off the engine, however, Mr. Noel was attempting to shut off the AC. I then reached in and shut off the ignition.
I Then asked Mr. Noel to step out of the vehicle. Once outside of his vehicle, I observed Mr. Noel to be very unsteady on his feet, his eyes were bloodshot, and strong odor of alcohol was emanating from his breath. I asked Mr. Noel if he was diabetic, to which he stated “no”.
I then requested Mr. Noel to perform some field sobriety tests, to which he agreed to do. The area where the tests were performed was a paved level surface, free from defects.
The first test that I administered was a Horizontal Gaze Nystagmus. I explained to Mr. Noel the instructions for the test, and then asked Mr. Noel to follow the tip of my pen with his eyes only and not with his head. I asked if he understood and he stated yes. I then began the test. As I moved the pen, he began to follow it using his head. I then advised Mr. Noel the instructions of the test, however Mr. Noel again was following the pen by moving his head side to side.
The second test that I administered was the Walk and Turn test. I explained to Mr. Noel the instructions for the test and physically demonstrated the instructions. I asked him if he understood, however, he asked me if I could explained the instructions again, and I did. After the second time explaining the instructions, Mr. Noel indicated that he understood the instructions of the test. Mr. Noel then began the test. Soon after he began the test he failed to stay on the line, more noticeably on the 6th step, when he lost balance completely. He took 10 steps in one directions. When he pivoted, he stepped out of the line completely, and completed nine steps, losing balance completely on the 5th step. Mr. Noel did not performed the test as instructed.
The third test I administered was a One Leg Stand. I asked Mr. Noel if he had any physical defects on his legs, knees, or hips that would prevent him from doing the test. He stated that he had no issues or defects. I then instructed and demonstrated the test to Mr. Noel. I explained to Mr. Noel to use the leg he felt more comfortable with and that when he started to count not to stop counting until I instructed him to stop. I asked Mr. Noel If he understood the instructions to the test. He stated yes. When Mr. Noel was ready to start, he began to walk away instead of performing the test. I attempted to explained the instructions again, however, Mr. Noel was not being coherent.
At this point I placed Mr. Noel under arrest for the charges of Operating a Motor Vehicle Under the Influence of Alcohol, Ch. 90 Sec. 24J. Mass uniform citation # R7878747
I requested marked unit 200 to transport Mr. Noel to the Somerville Police Headquarters to be processed. Mr. Noel’s vehicle was not towed.
A breathalyzer test was afforded, however, Mr. Noel refused and sabotaged the test by not locking his mouth around the mouth piece of the breathalyzer, and blowing in and out, instead of a continuous steady blow as instructed by Officer Goulart.