On 1/24/2019, while assigned to marked unit West-6, I was dispatched to the Powder House Rotary for reports of a past hit and run that occurred in Cambridge and there was now another accident at the rotary. West-7, Officer Teeves also responded as backup. Upon my arrival I spoke to the two parties involved in this accident, Ms. Meghan Breslow who was operating MA reg xxxx and XXXX, who was operating MA reg xxxx. Ms. Breslow was on the phone so I spoke to XXXX. Also on scene was the RP from the Cambridge Hit and run incident, XXXX, She stated that Ms. Breslow rear ended her vehicle with her husband driving while in the area of Porter Square in Cambridge and drove away. XXXX stated she was exiting the rotary onto College ave and stopped at the crosswalk for a pedestrian. She stated she was then struck on the passenger’s side of the vehicle by Ms. Breslow. Ms. Breslow would not initially get off the phone, but Officer Teeves was able to get her to hang up. I explained to her that I needed her to tell me what happened in Cambridge and this accident. Ms. Breslow stated she was not in an accident in Cambridge, I would note that XXXX had given the license plate of the vehicle to dispatch and had followed Ms. Breslow’s vehicle to the location she was at now. Both when speaking to Ms. Breslow and hearing her speak on the phone, I noticed her to be slurring her speech. I noticed her eyes to be glassy and bloodshot. When we walked away from her vehicle I noticed her to be unsteady on her feet. I asked her to explain to me how she came to be at the Powerhouse Rotary. She stated that she had left school at Lesley University in Cambridge and was driving home. She stated she never got into an accident in Cambridge, and could not describe to me how she got into the accident at the rotary, only that the car stopped in front of her. I asked her when she left school, she then told me the class that she was attending, and I reminded her that I was asking for when. She stated the class ended at 630 PM. I then asked her again what time she left the school. She stated 630 PM. I would note that at this time It was approximately 445 PM. I asked Ms. Breslow if she had had anything to drink today, she stated no. I could clearly smell the odor of alcohol coming from her breath. It was at this time I asked Ms. Breslow if she would submit to roadside impairment assessments. She stated she would. I would like to note that I am ARIDE certified and also a Certified Drug Recognition Expert, DRE# 30525
I asked Ms. Breslow if she had any injuries to her body or if she was on any type of medication. She stated that XXXXXXXXXXXXXXXXXXXX and had in the past hurt her knee. She could not remember which knee she hurt. I asked her if the past injury would affect her balance, ability to walk, or to stand on one leg. She stated no. I asked Ms. Breslow how long she had owned the boots she was wearing, she stated about a year and a half. I asked if she was comfortable in the boots and she stated yes. Due to the weather, it was not possible to find a dry surface. We utilized a driveway which was flat, and clear of debris other than the obvious rain water. The area was lit by the Right Alley light on my cruiser and I utilized a flashlight when needed.
The first assessment was checking for Horizontal Gaze Nystagmus.
I asked Ms. Breslow if she wore contacts or glasses. She stated she sometimes wears glasses at night but did not need them to drive, she was not wearing contacts. I would note there is no restriction for glasses on her license.
Resting Nystagmus was not present. Ms, Breslow, does not suffer from any blindness, and was able to follow the stimulus
I explained to Ms. Breslow that I would be using a small blue light that I wanted her to follow. I explained several times that I wanted her to follow the light with her eyes and only her eyes and to not move her head. I asked her if she understood and she stated she did. I attempted to perform this evaluation several times; Ms. Breslow would not follow without using her head. I asked her again if she understood the directions and she stated yes. I then asked her to bring her hands up to her cheeks to prevent her head from moving. I was able to successfully perform the assessment.
During this time I noticed lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and nystagmus onset, prior to 45 degrees.
I did not see Horizontal Gaze Nystagmus
Lack of Convergence. Ms. Breslow was able to converge her eyes.
Next assessment was Modified Romberg Balance Test.
During this time, Ms. Breslow estimated the passage of 30 seconds in 21 seconds.
I noticed a 6 inch sway front to rear and a 5 inch sway side to side
I noticed eyelid tremors
Ms. Breslow lost her balance and stumbled during this time.
I asked how she got to thirty seconds and she stated that she counted one Mississippi, two Mississippi.
Walk and Turn
For this assessment, The subject is asked to stand in the starting position, with their left foot on an imaginary or real line, putting the right foot in front of it, touching the heal of the right foot to the toe of the left foot. They are asked to stand with their hands down by their sides and when told to begin, but not before that to walk nine Heel-to-Toe steps, turn in the demonstrated fashion, and take nine heel-to-toe steps back. The Turn is described and demonstrated as keeping the front foot planted and turning using a series of small steps with the other foot. While they are taking the steps they are instructed to keep their arms by their sides, and count the steps out loud.
I explained the instructions to Ms. Breslow for this assessment several times, she continually told me she understood and then stated that she didnt after I told her to begin. Ms. Breslow started too soon 4 times during this test. I corrected her each time and explained the directions again. She then repeated to me “So nine steps there, turn and back?” I told her she was correct. Officer Teeve’s and I then took 5 to 7 minutes to explain to her that the starting position is not counted in the steps. When I felt comfortable that Ms. Breslow did in fact understand the instructions and that she told me that she did, I told her to being.
First nine steps: Ms. Breslow on her first nine steps, Stopped walking several times, saying again she didn’t understand. On the successful attempt she started too soon, Missed all nine heel-to-toe steps, stepped off three times, including on step five where she took two steps to her right, kept her arms raised the entire time, and took a total of ten steps.
Second nine- On her steps post turn, she missed heel-to-toe twice, did not step off the line once, and took a total of eleven steps.
The turn was not as described, Instead of using a series of small steps; she just pivoted with both feet. She then told us at the end she took ten and eleven steps, Officer Teeves asked her what the instructions were and she said nine steps, turn, nine steps.
One Leg Stand
During the assessment the subject is asked to raise one foot, of their choosing, six inches off the ground while pointing the toe out, while keeping their arms down by their side. While the foot is raised, the subject is asked to look at the tip of their toe and count in the one thousand one, one thousand two, one thousand three, and etc fashion until asked to stop. If they put their foot down, they are to raise it back up and continue counting.
I explained to Ms, Breslow if she had any injuries to her knee’s she should raise the foot with the injured knee and stand on the other. Ms. Breslow in the first ten seconds of this assessment was swaying and raised her arms. She dropped her foot three times and the test was ended for her safety.
During these Assessments I requested East-1 (Officer Schneider) to respond to the scene, as he has a portable Breath Tester in his cruiser. Officer Schneider responded to the scene and after performing HGN for himself, he asked Ms. Breslow if she would consent to the PBT. She declined. Due to my training and experience I believe Ms. Breslow to be under the influence of alcohol and unable to operate a motor vehicle safely I explained to Ms. Breslow that I believed her to be under the influence of alcohol, at which point she stated, that she had only drank a little. Ms. Breslow could not tell me when she had had a drink and only that it was at a friends house. I asked her again at this time what time she left school and she said 630 PM. By this point it was approximately 515. I told that to Ms. Breslow and she was very confused.
I allowed Ms. Breslow to call her father to notify him as to what was happening due to her telling us he was already on his way to us. I requested unit 200, the prisoner transport vehicle. I also requested a tow for the vehicle involved and was approved by Sierra-8 (Sergeant Marino). Ms. Breslow was placed under arrest (DL).
Ms. Breslow was transported to the station by Officer Rivera, after being pat down for weapons by West-5 (Officer Ribeiro) and was booked in the usual manner by Lieutenant Rymill.
Ms. Breslow declined the Breathalyzer at the station and was informed about her rights to independent testing. Ms. Breslow was also informed of the suspension of her License.
I wrote Ms. Breslow MA uniform citation T1315043 for OUI Liquor and Negligent Operation of a Motor Vehicle.
Officer Christopher Fusco #328