On September 19, 2018, while assigned to marked unit East-4, I was travelling east on Broadway, I was behind a pickup truck bearing MA registration xxxx at a red light at Broadway and Cross Street East. At this time a large food container was expelled from the passenger’s side of the vehicle. The turn signal turned from red to green and the vehicle did not move. After 5-10 seconds the truck continued travelling east. I noticed the driver was unable to keep the vehicle in the marked lane of travel. I at this time activated my blue emergency lights to signal the vehicle to pull over. The vehicle continued driving for approximately one block before it pulled over at the intersection of Broadway and Kensington Ave. I would like to note that the vehicle was swearing and almost hit several parked cars before correcting the direction.
I called the vehicle stop into dispatch and East-1, Officer Schneider responded as backup. I approached the vehicle and requested the driver’s license and registration. The operator, who is identified via a Mexican Driver’s license as XXXX, but was later identified as Mr. Ramon Ordonez. Mr. Ordonez stated he did not have a US driver’s license, and did not have a passport to prove how long he had been in the country. At this time I noticed Mr. Ordonez’s eyes to be red and glossy. Officer Schneider arrived and I approached him to inform him of the situation. At this time. Mr. Ordonez exited the vehicle and attempted to gain entry into the cargo area of the vehicle. As I got closer to Mr. Ordonez I noticed the smell of alcohol coming from his person. Mr. Ordonez informed Officer Schneider he had consumed 3 beers tonight. I asked Mr. Ordonez if he would submit to field sobriety tests and he replied consented.
I walked Mr. Ordonez onto the sidewalk to perform these tasks. The ground was dry, level, well lit, and clear of debris. I would like to note that Mr. Ordonez asked me to speak slowly as he has some difficulty with English. I asked him if he would require an interpreter and he stated no, as long as I spoke slowly.
Horizontal Gaze Nystagmus:
I asked Mr. Ordonez if he wore glasses or contacts and he replied that he didn’t.
I would like to note, that being able to successfully complete Mr. Ordonez’s evaluation for Nystagmus I had to remind him several times to not move his head. We got so far as I asked Mr. Ordonez to place his hands on his cheeks to prevent him from moving his head. This also took several requests and demonstrations before he complied.
I observed lack of smooth pursuit in both the left and right eye.
I observed a distinct and sustained Nystagmus at maximum deviation in both eyes.
I observed a nystagmus prior to 45 degrees in both eyes.
I did not observe a horizontal gaze Nystagmus.
Walk and Turn.
I asked Mr. Ordonez if he had any injuries to his legs that would stop him from walking or moving around. He stated no, and then pointed to his face to show me a cut he sustained at work today.
For the walk and turn. I used the line in the sidewalk that bisects the concrete.
I asked Mr. Ordonez to put his left foot on the line and place his right foot in front of it with his right heel touching his left toe. I also asked him to keep his hands down by his side.
I then demonstrated how I wanted him to stand. It took several minutes to get Mr. Ordonez to stand in the appropriate stance due to 1. He would not put one foot in front of the other, 2. He would not put his left foot first, 3. He lost balance several times, and 4. He began to dance and strike a pose, as if to take a picture several times.
I had to remind Mr. Ordonez several times not to start before he was instructed to do so. Mr. Ordonez started prior to being instructed to more than three times. He was also visibly swaying. I explained to Mr. Ordonez I wanted him to take 9 heel-to-toe steps, turn, and take 9 heel-to-toe steps back. I then demonstrated the task to Mr. Ordonez, and he again started too soon. Once he was corrected and in the original position again he began saluting Officer Schneider and I. I asked Mr. Ordonez if he had any questions on how to perform the task and he did not. Mr. Ordonez took 3 steps, turned sideways to face me, then turned straight and took three steps in the same direction. A total of 6 steps.
One leg stand.
I asked Mr. Ordonez again if he had any injuries and he replied no.
I asked Mr. Ordonez to stand with his feet together and his hands down by his sides. I explained to Mr. Ordonez I wished for him to raise his left foot, 6 inches off the ground, with his toe pointing out. I then explained I wanted him to look down at his toe while counting out in the one thousand one. I demonstrated this task for him and asked if he had any questions. Mr. Ordonez stated he understood and did not have any questions.
During the one leg stand, Mr. Ordonez lifted his left foot and did not count, did not look at his toe, did use his arms for balance and put his foot down at 4 seconds, 11 seconds, 13 seconds, 21 seconds, and 27 seconds.
Officer Schneider administered a breath test on the PBT he
At this time I told Mr. Ordonez he was under arrest. I handcuffed him (DL) and requested for the prisoner transport vehicle (Unit 200).
I requested a tow from Sierra-8 (Sergeant McCarey) to which he granted.
The truck was towed per department policy. During the search incident to arrest. A large can of Bud Light beer, which was still cool to the touch was found, partially consumed under the front passenger seat and several “Fire Ball” Nips were located in the center console. Pictures of both will be added to this report
Mr. Ordonez was transported to the station in unit 200 by Officer Lambert and was booked in the usual manner by Lieutenant Rymill.
Mr. Ordonez did take advantage of the Breathalyzer and blew a .10
At Booking, Mr. Ordonez gave the name of XXXX. Upon his prints being taken and coming back, it was determined that his true name was Ramon Ordonez. There were also results for the Name XXXX. To which he had two default warrants.
Mr. Ordonez will be issued MA uniform citation T0402130 for OUI Liquor, Negligent Operation of a Motor vehicle and Unlicensed operation of a motor vehicle.
He will be issued MA uniform Citation T0402131 for Littering marked lanes, and giving a false name to an officer.
All OUI documents will be submitted to evidence
Officer Christopher Fusco 328