On Wednesday, April 05, 2017 at 11:56 PM, I was dispatched to the area of Broadway and McGrath Hwy after a motorist reported that a gray Toyota Highlander bearing Massachusetts registration XXXXX traveling East on Broadway was “all over the road, nearly struck several vehicles.”
I located the vehicle at the intersection of Broadway and Mt. Vernon Street, public ways in the city of Somerville. Officers Lorenti and Bork responded as backup.
I approached the operator, later identified as Alicia Scanlon, requested her license and registration and informed her of the reason of the stop. While talking to Mrs. Scanlon, I detected a strong odor of an alcoholic beverage on her breath. I asked Mrs. Scanlon where she was coming from and she replied “Middle East, in Cambridge.”
I asked Mrs. Scanlon if she consumed any alcohol and she replied “Yes. I had two drinks.” I asked her what kind and she stated “16 oz Harpoons.” I then asked Mrs. Scanlon 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-lit, flat, non-slippery surface.
Mrs. Scanlon stated that she went to the bar at 4:00 PM and left at 11:30 PM. She had a quesadilla for dinner at a place within walking distance from the bar. When asked if she consumed any drugs, she stated that she wanted to, but none were available. At the time of the stop I asked Mrs. Scanlon if she knew what time was it and she replied “11:45 PM.” I asked her if she knew where she was, and she replied “Yes, in Quincy.”
Before the test, I asked Mrs. Scanlon if she had any medical condition that would prevent her from taking the test and she replied “No.” Mrs. Scanlon stated that she did not wear glasses or contacts, and denied having blindness in either eye. Mrs. Scanlon’s eyes were bloodshot. She had equal pupils, equal tracking, and was able to follow the stimulus. Resting nystagmus was not observed.
Mrs. Scanlon was wearing black leather shoes with approximately two inch heels. I informed her that she could take her shoes off before taking the test, and she stated “No. I’m fine.”
I explained and demonstrated each test, and asked Mrs. Scanlon if she understood and she replied “Yes.”
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.
Verticval gaze nystagmus was also present.
Walk and Turn test:
I instructed Mrs. Scanlon 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.
During the instructional phase, Mrs. Scanlon started the test too soon. I asked her to return to the starting position and wait until I was done. As I continued to give her the instructions, she started walking again. I reminded her a second time that she needed to hold that position until I was done with the instructions. Mrs. Scanlon took ten steps on the line; she stopped and asked me how many steps she took. She made an improper turn and took ten steps back. Mrs. Scanlon did not step off line, did not use her arms for balance, and did not miss heel-to-toe.
One Leg Stand:
I instructed Mrs. Scanlon 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.
While standing on her right foot, Mrs. Scanlon swayed and reached the count of “1021” in 30 seconds. Mrs. Scanlon did not put her foot down, did not use her arms for balance and did not hop.
Modified Romberg Balance:
During this test, Mrs. Scanlon estimated the passage of 30 seconds in 88 seconds and had a two inch sway from side to side and back and forth.
Finger to noise test:
During this test, Mrs. Scanlon touched the right side of her nose on the second and fourth attempt, and touched above her nose the fifth attempt. I had to remind Mrs. Scanlon to bring her hand down by her side after each attempt.
Based on my observations, I placed Mrs. Scanlon under arrest for OUI Liquor. She was transported to the Somerville Police Headquarters via unit 200, operated by Officer Ruf, and booked by Lieutenant DeOliveira.
During the booking process, Lt. DeOliveira advised Mrs. Scanlon of her rights, and asked her to submit to a chemical test of her breath. Mrs. Scanlon refused to take the test.
I issued citations R860771 to Mrs. Scanlon for the following offenses:
– OUI LIQUOR c90 S24
– RECKLESS OPERATION OF MOTOR VEHICLE c90 S24
– FAIL TO WEAR SEAT BELT, c90 S13A
Officer Samir Messaoudi #312
Somerville Police Dept.