On Monday, December 19, 2016, at 2:55 A.M., I observed a gray Ford Explorer traveling East on Broadway. The vehicle’s tail lights were off and it was traveling at approximately 50 mph in a 30 mph zone.
I activated my emergency equipment and stopped the vehicle near the intersection of Broadway and Sargent Ave., public ways in the city of Somerville. Officer Khoury responded as backup.
I approached the operator, later identified as Ruth Oliveira, and asked to see her license and registration and informed her of the reason of the stop. While talking to Ms. Oliveira, I detected a strong odor of alcohol emanating from the vehicle, and in plain view there were two open beer cans in the cup holders. I asked Ms. Oliveira where she was coming from and she replied “from work” I asked her where she works and she stated “I’m a bartender at a bar in Cambridge.”
I asked Ms. Oliveira if she consumed any alcohol and she replied “two beers.” I asked her if she consumed any prescription medication that would affect her ability to safely operate a motor vehicle, and she replied “No.”
I then asked Ms. Oliveira to step out of the vehicle, and take a field sobriety test, to which she agreed. The test was administered on the side of the road, on a well-lighted, flat, non-slippery surface.
The first test I administered was the Horizontal Gaze Nystagmus (HGN.) 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.
The next test was the Walk and Turn test, I explained, demonstrated, and administered the Walk and Turn test to Ms. Oliveira. I instructed Ms. Oliveira to place her left foot on the line and put her right foot in front of it, with her right heel touching her left toe and keep her hands by her 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.
Ms. Oliveira was unable to complete this test. She was unsteady on feet, and took nine regular steps.
I read the instructions to her a second time, demonstrated, and asked her if she understood and she replied “Yes.” Ms. Oliveira missed heel-to-toe nine times, stepped off line and raised her arms to maintain balance. She made an improper turn and took eight steps back.
I then explained, demonstrated, and administered the One Leg Stand to Ms. Oliveira. I instructed Ms. Oliveira to stand with her heels together and arms by her 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, Ms. Oliveira raised her foot for two seconds, and put it down and said “I’m done.”
Based on my observations, I placed Ms. Oliveira under arrest for OUI Liquor. She was transported to the Somerville Police Headquarters via unit 200, operated by Officer Radochia, and booked by Lieutenant Ward.
During the booking process, Lt. Ward advised Ms. Oliveira of her rights, and asked her to submit to a chemical test of her breath. Ms. Oliveira refused to take the test. Lt. Ward also asked Ms. Oliveira standard booking questions, when asked about her place of employment, Ms. Oliveira stated “I don’t want them to know I got drunk and got caught by a cop!”
I issued citations R7880541 and R7880542 to Ms. Oliveira for the following offenses:
– OUI LIQUOR, c90 S24
– DRINK ALCOHOL FROM OPEN CONTAINER IN MV, c90 S24I
– DEFECTIVE EQUIPMENT (LIGHTS) c90 S7
– NO INSPECTION STICKER, c90 S20
– FAIL TO WEAR SEAT BELT, c90 S13A
The beer cans were confiscated and placed into evidence. The vehicle was towed from the scene by Pats tow.
Officer Samir Messaoudi #312
Somerville Police Dept.