On Wednesday, 24, 2018, at 01:21 A.M., I Officer Scrugli while assigned to uniform patrol in unit East-4. I, along with Officer Ruf (unit East-1) responded to 154 Central St for a report of a motor vehicle accident with a vehicle rolled over on its side (MA xxxx).
On arrival I observed MA xxxx rolled over in the center of the road with two other vehicles (Nissan Versa MA REG xxxx, and Honda HRV MA REG xxxx) parked on the right side of the road, having sustained heavy damage The operator of the vehicle had already been assisted out of the vehicle by bystanders that did not witness the crash. The operator identified himself to me as: Brendan Sullivan. Somerville Fire and Cataldo EMS also responded and a medical evaluation was conducted on Mr. Sullivan who signed a medical refusal.
During my initial interaction with Mr. Sullivan he presented his Massachusetts driver’s license to me and stated that he was very tired. Mr. Sullivan stated to me that he had tried to take a right turn from Forster St. onto Central St. (a public way in the City of Somerville) and was travelling at approximately 35-40 mph. During my conversation with Mr. Sullivan I detected a strong odor of alcohol on his breath, his speech was not slurred; and his eyes were red. I asked Mr. Sullivan if he had consumed any alcohol and he stated that he had not but was very tired and dozed off at the wheel.
Sergeant Marino and Officer Messaoudi also responded to the scene to assist. I asked Mr. Sullivan if he would be willing to perform a Field Sobriety Test to which he agreed. Officer Messaoudi administered the SFST and the following are the results.
The test was administered on the side of the road, on a well-lighted, flat, non-slippery surface. Officer Messaoudi asked Mr. Sullivan if he had any medical condition that would prevent him from taking the test and stated “No, but I have flat feet.” The first test he administered was the Horizontal Gaze Nystagmus (HGN)
HGN: During this test, he 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: Mr. Sullivan was instructed to place his left foot on the line and put his right foot in front of it, with his right heel touching his left toe and keep his hands by his 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, Mr. Sullivan lost his balance two times. Mr. Sullivan took nine steps, raised his arms to maintain balance, missed heel-to-toe in all nine steps, stepped off line three times, and made an improper turn. He then took nine steps back, missing heel-to-toe in all nine steps, and raised his arms to maintain balance.
One Leg Stand: Mr. Sullivan was instructed 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, 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 his left foot, Mr. Sullivan raised his right foot for two seconds and put it down; he swayed, and raised his arms for balance. He raised his right foot again for two seconds and put it down while raising his arms to maintain balance. Then he raised his right foot again for six seconds and put it down. This test was terminated.
Modified Romberg Balance: During this test, Mr. Sullivan was instructed to estimate the passage of 30 seconds while having his feet together, his head tilted back, and eyes closed. He was instructed that when he thought 30 seconds had passed to open his eyes and say the word “stop”. It took Mr. Sullivan 45 seconds to estimate the passage of 30 seconds. During this test he had 3 inch sway back and forth. When asked how he estimated 30 seconds Mr. Sullivan stated he counted 1001, 1002, 1003 and so on.
Based off my observations, I placed Mr. Sullivan under arrest for OUI Liquor and negligent operation of a motor vehicle. He was transported to the Somerville Police Headquarters via unit 200, operated by Officer Radochia, and booked in the usual manner by Lieutenant Lavey.
Mr. Sullivan’s vehicle was towed from the scene by Pats tow. During the inventory process six open containers of alcohol were located in the front passenger side and one in the center console. (4- bottles of Cavit Pinot Noir, 1 – can of Modelo beer, 1 – bottle of Kraken black spiced Rum, and 1 bottle American whiskey) Photographs of the open containers were taken and will be attached to this report.
During the booking process, Lt. Lavey advised Mr. Sullivan of his rights, and asked him to submit to a chemical test of his breath to which he agreed. Officer Radochia administered the test to Mr. Sullivan, with a test result of 0.19% BAC. Mr. Sullivan was issued a notice of suspension for a chemical test failure, and his license was seized. I issued Mr. Sullivan citation# T0401995 for OUI Liquor, Negligent operation of a motor vehicle, and open container of alcohol.
Officer Steven Scrugli (#348)