On Sunday, March 26, 2017 I, Officer Prophete, was on duty and assigned to uniform patrol in marked cruiser East 4. While traveling North on McGrath Hwy a public way, state highway in the city of Somerville, I observed a black Toyota Corolla go though the red lights at the intersection on Pearl Street and McGrath Hwy. I activated my lights and sirens and attempted to stop the vehicle near the intersection of McGrath Hwy. and Otis Street. Officer Bork and Sgt. Marino responded as backup.
I approached the vehicle and knocked on the driver’s side window to get the operator’s attention. The operator, who was later identified Mr. John Moriarty, opened the door and stated he could not roll his windows down. I asked to see his license and registration and informed him of the reason of the stop. While talking to Mr. Moriarty, I detected a strong odor of alcohol emanating from the vehicle, his eyes where dilated and glassy. I asked him where he was coming from and he replied “a party at a friend’s house” I then asked him if he consumed any alcohol and he stated “I refuse to answer and more questions” I informed Mr. Moriarty that I detected a strong odor of alcohol emanating from the vehicle. He stated “Yes, two or three beers.”
I asked Mr. Moriarty to step out of the vehicle and take a field sobriety test to which he agreed. I turned the blue lights off, and administered the test on the side of the road, on a well-lit, 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 Mr. Moriarty. I instructed Mr. Moriarty 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. Mr. Moriarty started while I was reading the instructions to him, missed heel-to-toe three times, stepped off line and raised his arms to maintain balance and made an improper turn.
I then explained, demonstrated, and administered the One Leg Stand to Mr. Moriarty. I instructed Mr. Moriarty 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. Moriarty was able to keep his balance.
Based on my observations, I placed Mr. Moriarty under arrest for OUI Liquor, and issued him citation# R8323890. The vehicle was towed by Pats tow.
Mr. Moriarty was transported to the Somerville Police Headquarters via unit 200, operated by Officer Desrochers and booked by Lieutenant Lavey.
During the booking process, Lt. Lavey advised Mr. Moriarty of his rights, and asked him to submit to a chemical test of his breath to which he declined.
Mr. Moriarty was issued a notice of suspension and his license was seized.
Officer Frandiane Prophete 332