On Saturday October 13 2018, I was working my assigned cruiser West 5 with my Field Training Officer Ducasse. As we were parked facing westbound on Elm St. approximately 100 feet away from Linden Ave, officer Ducasse observed a black SUV go into the opposite lane at an high rate of speed, cross the double yellow line and take a sharp right onto Linden Ave. I then activated my emergency lights in an attempt to perform a motor vehicle stop. When we turned onto Linden Ave we observed that the black SUV in question was almost at the end of Linden Ave. I was able to make the motor vehicle stop on Summer St., near the intersection of Linden Ave and Summer St.
We made contact with the operator, later identified as Mr. Brian Zimmerman. Mr. Zimmerman appeared highly agitated and overly nervous to which officer Ducasse asked him if he was having a medical emergency, and he said no. Officer Ducasse then asked him if he had taken any medication that would diminished his ability to drive, or cause him to be agitated, and he also stated no. Officer Ducasse then asked why he was driving so erratically but Mr. Zimmerman was not able to provide an explanation. At that point we asked Mr. Zimmerman to step out to evaluate his ability to operate a vehicle safely.
Officer Ducasse then requested Mr. Zimmerman to perform some field sobriety tests, to which he agreed to do. Mr. Zimmerman stated to us the he xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, but when we asked him if that would prevent him from performing the tests he said no.
The area where the tests were performed was a paved level surface, free from defects.
The first test that was administered was the Horizontal Gaze Nystagmus. Officer Ducasse explained to Mr. Zimmerman the instructions for the test, and then asked him if he had any medical condition in his eyes that would prevent him from performing the test, and he stated no. Officer Ducasse then asked him to follow the tip of his pen with his eyes only, and not with his head. He was asked if he understood and he stated yes. Officer Ducasse then began the test. As he moved the pen from right to left, Mr. Zimmerman was not able to follow it. Officer Ducasse then re-explained the instructions to Mr. Zimmerman and allowed him to perform the test again. Again, his eyes were unable to follow the pen. Officer Ducasse asked him if he wore eye glasses and he stated yes. The test was performed a third time with Mr. Zimmerman wearing his glasses, however he still failed the test by not following the tip of the pen.
The second test that officer Ducasse administered was the Walk and Turn test. He explained to Mr. Zimmerman the instructions for the test and physically demonstrated the instructions. Officer Ducasse asked him if he understood, and he said yes. Mr. Zimmerman then began the test. Soon after he began the test he failed to place his feet on the line as instructed, and more noticeably failed on the 3rd, 4th and 5th steps, where he went completely out of the line. He took 10 steps in one directions. He then took 5 steps back, and the test was stopped for safety reasons, because he was not able to stay on the line as instructed. Officer Ducasse asked him if he would feel more comfortable performing the test barefoot since he was wearing sandals. Mr. Zimmerman performed the test a second time barefoot and failed to stay on the line.
The third test Officer Ducasse administered was the One Leg Stand. Officer Ducasse asked Mr. Zimmerman if he had any physical defects on his legs, knees, or hips that would prevent him from doing the test. He stated that he xxxxxxxxxxxxxx, to which officer Ducasse advised him to use whichever leg he would feel more comfortable. Officer Ducasse gave the instructions and demonstrated the test. Officer Ducasse asked him if he understood the instructions to the test, and he stated yes. When Mr. Zimmerman started the test he did not follow the instructions by not keeping his arms by his side, was not looking at his foot as instructed, and put his foot down several times.
At that point I placed Mr. Zimmerman under arrest for the charges of Operating a Motor Vehicle Under the Influence of Drugs, Ch. 90 Sec. 24F. I issued Mass uniform citation # T1316407.
A licensed operator took control of the vehicle.
A Drug Recognition Expert (DRE) officer Fusco was called in to the station to evaluate Mr. Zimmerman, see officer Fusco’s supplemental report. Officer Fusco determined that Mr. Zimmerman was indeed under the influence of Cannabis and Central Nervous System Depressants.
Officer Anaya #354