Real Life Somerville Police Stories: Fabien JOLLY (OUI Liquor, Reckless MV Op)

On 10/27/2018, during the first half shift, I, Officer Christopher Collette was assigned to Somerville marked unit East Three. At approximately 21:10 hours I was dispatched to 250 Summer St. for a motor vehicle crash involving several parked vehicles, and an operator who appeared to be leaving the scene in a vehicle bearing New Jersey tags. Officer Rivera in East Two, and Traffic Officer Hartsgrove responded as well. Once on scene, a crowd directed us to  the accident which occurred on Lowell St. The residence of 250 Summer St. is on a corner lot at Summer St. and Lowell St. Both streets are public ways. Once on scene I observed an Audi in the roadway. The Audi appeared to have crashed into a Ford, which was parked on the roadside, bearing MA TAG xxxx,.

I observed that the dark sedan was bearing NJ tags xxxx. There were several people in the street and I observed a male, later identified as Fabien Jolly standing on the sidewalk next to the damaged vehicles. I asked the crowd who was driving the striking vehicle. I was directed to Mr. Jolly. I asked Mr. Jolly if he had driven the Audi. He said nothing but shrugged and gestured toward the vehicle. I then asked Mr. Jolly if he had a driver’s license. He stated that he did. I asked him where it was and he advised me that it was in the vehicle. Mr. Jolly was delayed in his responses to my questions and when he spoke I noticed that he was slurring his speech. I observed Mr. Jolly’s eyes were glassy, and I observed him to be unsteady on his feet. He tripped and had almost fallen while walking on the sidewalk. I was unable to detect any odor consistent with an alcoholic beverage, however, I did notice that Mr. Jolly had applied a copious amount of cologne, and I later observed that he was chewing gum.

Based on my observations, I believed that Mr. Jolly might have been impaired. I asked him how much he had to drink. He stated “Too much.” I then advised Mr. Jolly that I would be performing a series of field sobriety tests. I then lead him across the street to a level sidewalk which was illuminated by street lights. It was raining during the incident. I asked Mr. Jolly if he had any injuries that would prevent him from performing the tests. He stated he had no injuries. The first test I performed was the Horizontal Gaze Nystagmus test, or HGN. This test is used to detect Nystagmus, which is the involuntary jerking of the eyes which occurs when a party is intoxicated. I instructed Mr. Jolly to follow the tip of my pen using only his eyes. During the first several attempts, Mr. Jolly was unable to follow these instructions. He initially stared straight ahead, and then began to follow the pen by turning his head. Officer Rivera was present during this test, in which Mr. Jolly exhibited four clues of impairment. Those being lack of smooth pursuit in both eyes, and sustained and distinct Nystagmus at maximum deviation in both eyes.

I then explained and demonstrated the One Leg Stand to Mr. Jolly. I instructed him to stand with his feet shoulder width apart, raise his right leg three inches from the ground, and count aloud while holding that position. Mr. Jolly attempted this and immediately put his foot down to gain balance as he swayed and nearly fell over. I instructed Mr. Jolly to attempt the test again, however, he almost fell again during the second attempt. At this point, I stopped field sobriety testing as I believed Mr. Jolly could injure himself. I then placed Mr. Jolly under arrest for OUI 90/24/J. Officer Rivera then advised Mr. Jolly of his Miranda Rights. Post Miranda, he asked Mr. Jolly how many alcoholic beverages he had consumed. Mr. Jolly replied that he had no idea.

I then spoke with several parties who observed part of this incident. XXXX observed Mr. Jolly’s vehicle in contact with the Ford. Several times, Mr. Jolly’s vehicle backed up and drove forward into the Ford. XXXX stated that she and others told the operator to stop. She observed Mr. Jolly exit the vehicle. XXXX, XXXX and XXXX corroborated XXXX ‘s account, and XXXX added that she observed Mr. Jolly to appear unsteady on his feet. Because of these observations of Mr. Jolly repeatedly crashing into the Ford, I will be adding the charge of reckless operation of a motor vehicle 90/24/O. During the booking process, Mr. Jolly submitted to breath testing. The results of which revealed his BAC to be .20%. I issued MA Citation # T1313137 to Mr. Jolly for OUI 90/24/J and reckless operation of a motor vehicle 90/24/O. The citation was placed with Mr. Jolly’s property.

XXXX also advised me that a male known to her as XXXX claimed to have a dash cam video of the incident. I will attempt to contact XXXX and retrieve the video.

Respectfully submitted,

Patrolman Christopher Collette, B#302

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