On Thursday, December 8, 2016, I, Officer Singh, was in full-uniform and assigned to marked cruiser 784, patrolling area East-4, for the Somerville Police Department. At 10:45 pm a BOLO was sent out by the Medford Police Department for a hit and run by a white Ford pickup truck.
I located that vehicle traveling East bound on Broadway. I activated my emergency equipment and stopped the vehicle near 272 Broadway in the City of Somerville on a public way. I approached the operator, who was later identified as Mr. Shaun Foley, and asked to see his driver’s license and registration. I began to speak with Mr. Foley and immediately noticed the strong odor of a alcoholic beverage emanating from the vehicle. Mr. Foley’s eyes were bloodshot and glassy. Mr. Foley’s speech was also slightly slurred. I asked Mr. Foley if he had been drinking alcohol, he responded “no”. During my interaction with Mr. Foley, a black Honda CRV arrived on scene. The driver, later identified as XXXXX, stated that Mr. Foley had also struck his vehicle at the intersection of Broadway and Main Street in the City of Somerville, and left the scene. Information was exchanged for that vehicle near 272 Broadway.
I asked Mr. Foley if he was willing to perform some field sobriety tests, he agreed. During my interactions with Mr. Foley, I observed that he was unsteady on his feet. I would note, that I am certified in Standardized Field Sobriety Tests. The area where the tests were taken was on a flat, paved sidewalk, free from any apparent defects, well lit by street and cruiser headlights.
I performed the following tests:
HORIZONTAL GAZE NYSTAGMUS (HGN)
I checked Mr. Foley’s eyes for lack of smooth pursuit using a pen as an object. I observed lack of smooth pursuit in both the left and right eyes. I also observed distinct and sustained nystagmus at maximum deviation in both the left and right eye. I observed nystagmus prior to a 45 degrees angle in both the left and the right eye, indicating impairment.
WALK AND TURN
I demonstrated this test to Mr. Foley and he acknowledged that he understood the instructions. This test involves 9 heel-to-toe steps on a line, turn, and then 9 heel-to toe steps coming back. Mr. Foley was unsteady on his feet and failed in all the areas because he could not balance himself. He stopped walking, missed heal-to-toe steps, stepped off the line, and raised his arms for balance. This test indicating impairment.
ONE LEG STAND
I explained and demonstrated the one leg stand to Mr. Foley and asked if he understood, he answered yes. During the test, Mr. Foley was unsteady on his feet, could not lift his foot, used his arms for balance, and swayed, which indicated impairment.
The last test I asked Mr. Foley to perform was to recite the English Alphabet. Mr. Foley successfully completed this test but had slurred speech which indicated impairment.
I formed the opinion that Mr. Foley had been operating his vehicle while impaired, under the influence of alcohol. I placed Mr. Foley under arrest, placing him into handcuffs.
The prisoner transport vehicle, Unit 200, arrived a short time later operated by Officer Robert Hartsgrove. Mr. Foley was transported back to the police station, where he was booked in the usual manner by Lt. Lavey. Lt. Lavey asked Mr. Foley where he was tonight and if he had any alcoholic beverages. Mr. Foley answered, “I was at the Capital Grille in Burlington and had two 12 ounce beers with dinner”. Lt. Lavey also asked if Mr. Foley remembers hitting another motor vehicle while operating his, he responded, “I don’t remember”. Mr. Foley’s vehicle was towed from the scene by Pat’s towing to the Pat’s Tow yard located in Medford.
Mr. Foley refused the breathalyzer test. Mr. Foley was issued MA uniform citation #R7639924 and I will be seeking a complaint for the following charges:
Ch. 90 / S. 24 – Operating Under the Influence of Liquor
Ch. 90/ S. 24 – Leaving Scene of Property Damage
Officer Gurpreet Singh #336