On Sunday, December 18, 2016, at 2:48 A.M., while responding to a call in the area of Maine Ave., I came to a stop behind a gray Mazda obstructing the roadway on Cross Street East. I activated my lights and sirens to get the driver’s attention but the vehicle was not moving. I exited my cruiser to check if the vehicle was occupied, and found the operator asleep behind the wheel with the engine running. I informed Somerville Police control of my location, and Officer Beckford responded as backup.
We approached the operator, who was later identified as Rohan Bharati, to check on his well being. I knocked on the passenger side window and got no response. I opened the passenger side door and shut the engine and removed the key from the ignition. At this time Mr. Bharati woke up, he was confused and stated “I’m ok.” I asked Mr. Bharati if he knew where he was, and he stated “No.”
Officer Beckford informed me that there are two open containers (one beer can and one beer bottle) and three unopened beer bottles directly behind the driver’s seat. I asked Mr. Bharati to step out of the vehicle. He was unsteady on his feet; his eyes were red and glassy and there was an odor of alcoholic beverage emanating from his person. I asked him if he had consumed any alcohol or drugs and he stated “No.”
I asked Mr. Bharati to take a field sobriety test, to which he agreed. The test was administered on the side of the road, on a well-lighted, flat, non-slippery surface. Before the test I asked Mr. Bharati if he had any physical condition that would prevent him from taking the test and he stated “No.”
The first test I administered was the Horizontal Gaze Nystagmus (HGN), I instructed Mr. Bharati to follow the tip of the pen with his eyes and not to move his head. I asked him if he understood the instructions and he replied “Yes.” Mr. Bharati moved his head and was unable to follow the instructions.
The next test was the Walk and Turn test, I explained, demonstrated, and administered the Walk and Turn test to Mr. Bharati. I instructed Mr. Bharati 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 keep his hands by his side, then 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, Mr. Bharati stepped off the line, took eight steps, and raised his arms to maintain his balance; he then turned around and took nine steps, stepped off the line, and raised his arms to maintain balance.
I then explained, demonstrated, and administered the One Leg Stand to Mr. Bharati. I instructed Mr. Bharati to stand with his heels together and arms by his side, and raise one leg approximately six inches off the ground, foot pointed out, keep both legs straight and keep eyes on the elevated foot, and while holding that position to count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop. During this test, Mr. Bharati was unable to elevate his foot off the ground and raised his arms to maintain balance.
Based on my observations, I placed Mr. Bharati under arrest for OUI Liquor. He was transported to the Somerville Police Headquarters via unit 200, operated by Officer Ramirez, and booked by Lieutenant Ward. The vehicle was towed from the scene by Pats tow.
During the booking process, Lt. Ward advised Mr. Bharati of his rights, and asked him to submit to a chemical test of his breath. Mr. Bharati refused to take the test, and stated “No. Not without my lawyer.”
I issued citation# R7880540 to Mr. Bharati for OUI Liquor, open alcohol container in a motor vehicle and no seat belt. The beer bottles and the open containers were confiscated and placed into evidence.
Officer Samir Messaoudi #312
Somerville Police Dept.