On Friday, February 10, 2017, I was assigned to marked unit West-6 and on routine patrol. At approximately 12:04 am, I was dispatched to the area of 85 College Avenue on a report of a male passed out behind the wheel of a vehicle. The vehicle was described as a black Jeep Grand Cherokee with a Massachusetts license plate of XXXXX. Officers Fusco (West-7) and Clark (West-5) also responded. It should be noted that earlier in the evening at approximately 11:11 PM, a call had come in about erratic operation. The caller described the vehicle as a black Jeep Cherokee, and further stated to dispatch that they witnessed the driver get out of the car and stumble around the roadway. The location of the original call was only a short distance from where the vehicle was now located.
Upon arrival, I noticed a vehicle matching that description on College Avenue, blocking the intersection of William Street. Both of these streets are public ways within the City of Somerville. I pulled up behind the vehicle and activated my white spot light. As I approached, I observed a male in the driver’s seat, later identified as Mr. Patrick Dooley, slumped over towards the passenger seat. The vehicle was running with the keys in the ignition. The window was slightly open so I began to yell loudly and knock on the window in an attempt to rouse the driver. After several attempts were made to gain the attention of the driver, I was able to reach into the window and unlock the door. I shook Mr. Dooley several times before he came to. I asked him why he was passed out in his vehicle in the middle of the roadway. As Mr. Dooley looked up to respond, I noticed that his eyes were red and glassy. He said “I wasn’t passed out.” When he spoke I could smell the odor of alcohol emanating from his breath. In addition his speech was slurred and he was slow to respond to my questions. A quick CJIS search by Officer Fusco revealed that Mr. Dooley has a suspended license, and an active arrest warrant.
I asked Mr. Dooley how much he had to drink this evening. He responded “I haven’t have anything to drink tonight.” I explained that I could smell alcohol, and that he was slurring his speech. Once again I asked but he replied with the same response. I asked Mr. Dooley if he would step out of the vehicle and perform some field sobriety tests, to which he agreed. I escorted Mr. Dooley to a flat level surface under a street light. The following tests were performed in this order:
HORIZONTAL GAZE NYSTAGMUS (HGN)
Using my Standard Field Sobriety Test Administrative Guide provided to me at the Lowell Police Academy, I read Mr. Dooley instructions for the HGN testing. Mr. Dooley acknowledged that he understood the instructions that I had read to him. Mr Dooley informed me that he did not wear glasses or contact lenses. I checked for resting Nystagmus and that his eyes were equally tracking. I then checked for lack of smooth pursuit which I noticed in both the left and right eye, indicating two clues of impairment. Next I checked for distinct and sustained Nystagmus at maximum deviation. I also noticed this in both the left and right eye, indicating two more clues of impairment. Last I check for the onset of Nystagmus prior to forty five degrees. Mr. Dooley did not present with this. It should be noted that Mr. Dooley was slowly lowering his head and closing his eyes during the test, and had to be reminded to keep his head up and eyes open.
WALK AND TURN
The test was administered using the straight yellow line in the center of the roadway. Officers Clark and Fusco stood off to each end to block any traffic that may have approached, which none did. Using my Standard Field Sobriety Test Administrative Guide provided to me at the Lowell Police Academy, I read Mr. Dooley instructions for the walk and turn. After demonstrating the walk and turn test, I asked Mr. Dooley if he understood the instructions to which he responded yes. During the walk and turn test I observed Mr. Dooley start before being told to do so, lose his balance at step five in the first set, and the remainder of the steps returning. In addition, Mr. Dooley lost count on the returning steps, and kept his hands in his pockets instead of at his sides. All these are indications of impairment.
ONE LEG STAND
I brought Mr. Dooley back over to the side of the road. Using my Standard Field Sobriety Test Administrative Guide provided to me at the Lowell Police Academy, I read Mr. Dooley instructions for the one leg stand. After demonstrating the one leg stand test, I asked Mr. Dooley if he understood the instructions to which he responded yes. During the test I noticed that Mr. Dooley began to sway after counting to approximately seven. He lost count at nine, put his foot down and began to count again. I had to remind Mr. Dooley to look at his raised foot during the test. During his second attempt after restarting his count, I feared for Mr. Dooley’s safety as he began to sway. As a result I stopped the test.
Based on my training and experience and the results of the above stated tests, I placed Mr. Dooley under arrest for the following charges:
– MGL c90 S24 OUI Liquor
– MGL c90 S24 Negligent Operation of a Motor Vehicle
– MGL c90 S23 License Suspended, Operating Motor Vehicle With, Subsequent Offense.
Mr. Dooley was transported to the Station in marked unit 200 operated by Officer Prophete, and booked by Lieutenant Ward. I issued Mr. Dooley MA Uniform Citation R7879617 for the aforementioned charges. Mr. Dooley accepted the breath test, and the results are a blood alcohol content of 0.18. All associated paperwork will be attached to this report.
Officer Kevin Goulart #326