Real Life Somerville Police Stories:Ian TOSTI (OUI Liquor)

I, Officer Michael McCarey, report the following summary of events based on direct and indirect interview with the persons named.

 

          On Sunday June 25, 2017, I, Officer McCarey, was in full uniform and assigned to marked cruiser 785, patrolling area W5 for the Somerville Police Department. Just after 10:35 PM I was dispatched along with car W5 Ofc. DiFava to the area across from Woody’s Liquors 523 Broadway for a motor vehicle accident. The reporting party was the cashier at the liquor store and stated to dispatch that the driver if the striking vehicle (later identified as Ian Tosti) was just refused inside the store for being too drunk.

 

          When I arrived on scene, I could see Tosti in the driver’s seat of a White Ford Focus, the vehicle was running and a female identified as XXXXX was standing at the driver’s window of Tosti’s car. The cars were in front of 314 Broadway (a public way in the city of Somerville). When I approached and asked what was going on, XXXXX stated that she saw this White Ford Focus back into her Nissan. I then asked the operator of the Focus, Mr. Tosti if he had backed into a car. He replied that he may have. I then asked Tosti if he was the owner of the MV to which he replied yes. Immediately I could detect a strong odor of an alcoholic beverage emanating from Tosti. His eyes were glassy and bloodshot and his answers to my questions came in a slurred and delayed manner. I asked Tosti to turn the car’s engine off for our safety, and for him to step out of the MV. Believing Tosti was under the influence of an intoxicating liquor I performed 3 field sobriety tests on him.

 

          I then dimmed my cruiser blue lights and put on my white illumination lights. I noticed that Tosti’s feet were not all the way in his shoes and they appeared to be too small for him. I offered him time to correctly put the shoes on. Tosti fumbled with the laces for 1-2 minutes and was unable to get the shoes on his feet. I asked him if he was comfortable taking the tests in his socks and he answered yes. I asked Tosti if he had any vision, balance, back or knee problems that would interfere with the tests. He replied no. The illuminated test area was a level area of street in front of my cruiser. I then read the instructions and performed the 3 tests from a pre-printed card that I keep on my person while on duty.

 

          The first test I administered was the Horizontal Gaze Nystagmus test or HGN. This test detects the involuntary jerking of the eyes that occurs when the test subject is intoxicated. In this test the subject is instructed to follow the tip of a stimulus while moving only his eyes. Nystagmus is observed while the eyes are tracking the tip of the stimulus and while they are fixed on the point of the stimulus at maximum deviation or he furthest one’s eyes can move horizontally. I explained the test instructions verbatim from the printed instruction card. During the test both eyes displayed lack of smooth pursuit and clear and distinct Nystagmus at maximum deviation, both eyes had detectable onset prior to 45 degrees. A total of six indicators were observed.

 

          The second test I administered was the Nine Step Walk and Turn. I asked Tosti if he had walking problems, he answered in the negative. In this test a subject must walk in a straight line for nine steps touching their leading heel to their toes on the trailing foot while keeping their hands at their side. At the ninth step the subject is to stop, leave leading foot planted on the ground, pivot with their free foot and then walk nine more steps in the same manner back to the starting point. I then demonstrated and explained the test from the pre-printed instruction card and told Tosti to begin. Tosti took 11 steps out instead of the instructed 9 and at no time walked heel to toe, instead he took steps that were close but not in front of each other. At the turn Tosti walked in an arc instead of pivoting. A total of six indicators were observed.

 

          The final test I administered was the One Leg Stand. In this test the subject is instructed to stand with hands at their side, raise one leg six inches from the ground, point the toe out, and then count out loud, while still holding that same leg up. I explained the test from the pre-printed instruction card and told Tosti to begin. Tosti placed his foot down and back up about every second, throughout the test. He also lost his balance several times and did not count out loud.

 

          I then placed Tosti under arrest for 90/24/j Oui Liquor. He was handcuffed behind his back where the handcuffs were double locked and checked for tightness. He was transported to the station by unit 200 Ofc. Haley, where he was booked in the usual manner by Lt C. Ward. during the booking Tosti was afforded all his rights including Miranda, implied consent under 90-24F, 263-5A right to independent examination and 267-33A right to use the telephone. During the booking process Tosti stated that he had been drinking at 303 Lowell St and that he had been drinking “not that much”. A copy of the booking video will be available for court proceedings.

 

          Tosti submitted to a chemical test to determine his BAC or blood alcohol level. That test was administered by Ofc. Dervishian. The result of the test were 0.21 %BAC. A result of 0.08 %BAC or higher indicates a violation of the Per-Se OUI statute 90/24.

 

          A CMVI #R8325236 was created for 90/24 OUI Liquor and placed in Tosti’s property at the station.

 

          Tosti MV and the MV that was struck had minor damage to the bumper (front of Nissan, rear of the Ford), information was exchanged with the other owner. Tosti’s MV was parked in violation of a bus stop no parking zone and was towed for the violation. A 12 hour hold was also placed on the MV per Melanie’s Law.

 

Respectfully submitted,

 

 

Officer Michael McCarey #298

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