On August 3rd, 2018, I, Officer James Torres, was in full-uniform, while assigned to marked unit East 2, while working the first half shift. At approximately 11:21 PM, I, along with Officer Eric Ubeda (Sector East), were dispatched to 185 Somerville Avenue (Burger King) for a report of an unwanted in the drive thru, refusing to leave.
Upon my arrival, I witnessed a white pickup truck baring MA Registration xxxx, leaving the drive thru at a high rate of speed, while screeching its tires. I believed this to be the person in question, so I activated my blue lights and pulled the vehicle over in front of 181 Somerville Avenue, a public way in the city of Somerville. It was at this time that I saw employees of Burger King outside of the restaurant, pointing over at the vehicle that I had pulled over. I walked up to the vehicle and asked the driver for his license and registration. The driver provided me with an active Maryland license that identified him as Mr. Itamar Neto. I asked Mr. Neto what had happened in Burger King‘s drive thru line. Mr. Neto stated that he had gotten into an argument with a Burger King employee because she had messed up his order. In conversing with Mr. Neto, I could smell the strong odor of an alcoholic beverage emanating from his person. Mr. Neto’s eyes appeared to be glassy and red. I asked Mr. Neto where he had just come from prior to going to Burger King. Mr. Neto stated that he had just had come from the XXXX, located at 2xx McGrath Highway. I asked Mr. Neto if he had anything to drink at that location to which he stated he had four beers there. I then asked Mr. Neto if he would be willing to step out of the vehicle to perform Standard Field Sobriety Tests to which Mr. Neto agreed.
The test was administered on well lit, flat, non-slippery sidewalk. I’d like to note that Mr. Neto spoke very little English and was fluent in Portuguese, a language that I am fluent in. I and Mr. Neto communicated throughout our entire interaction in the language of Portuguese
I asked Mr. Neto if he had any medical conditions that would prevent him from taking the test and he stated that he has back problems. I then asked Mr. Neto if he wore contacts or eyeglasses to which he stated “no”. I then began the testing.
Horizontal Gaze Nystagmus:
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
Walk and Turn test:
I instructed Mr. Neto to place his left foot on the straight line that divides the sidewalk and to put his right foot in front of it, with his right heel touching his left toe while keeping his hands at his side. I told Mr. Neto to remain in that position until the test began and not to start until I told him to. Mr. Neto was instructed to take 9 heel-to-toe steps in a straight line direction, turn around using small steps and make nine heel-to-toe steps back. I was telling Mr. Neto the instructions of this test as I demonstrated them to him. Mr. Neto kept starting the test early and on three occasions I had to tell him to stop and wait until I told him to begin. When Mr. Neto began the test, he failed to connect his heel and toe on his three last steps. During the turn around, Mr. Neto failed to connect his heel and toe in all of his last seven steps.
One Leg Stand:
I instructed Mr. Neto to stand with his heels together and arms by his side, and raise one leg approximately six inches off the ground, foot parallel to the ground, keeping both legs straight and keeping both 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. I asked Mr. Neto if he would be able to recite this in English to which he stated that he could. While standing on his left foot, Mr. Neto raised his right foot for five seconds and then put it down without being told to do so. While conducting this test Mr. Neto swayed and raised his arms for balance. He raised his right foot again for five seconds and put it down while raising his arms to maintain balance. On two occasions during the count off, Mr. Neto stopped reciting “thousand” and started to count off five, six, seven.
Based on my observations, I placed Mr. Neto under arrest for OUI Liquor. He was transported to the Somerville Police Headquarters in unit 200, operated by Officer Sergio Costa, and booked by Lieutenant Richard Lavey. During the booking process, Lt. Lavey advised Mr. Neto of his rights, and asked him to submit to a chemical test of his breath to which he refused. It was learned in the booking process of Mr. Neto that his license in Massachusetts was revoked. I issued Mr. Neto citation# T0700633 for driving with a revoked license and OUI liquor. The vehicle that Mr. Neto was operating was towed from the scene by Pats tow.
Officer James Torres #329
Somerville Police Dept