On 3/23/2019, I (Officer Devin Schneider) was in full uniform while assigned to marked cruiser East-1 during the 4pm-12am shift. The following report is a summary of the events that I witnessed that day, as they pertain to incident #19016076:
At approximately 7:55 pm, I was dispatched to the area of Lucky Strike (325 Revolution Drive), for a report of a motor vehicle accident. Upon arriving on scene, I observed a black Ford Pickup F150 truck on the side of Grand Union Boulevard, just before the intersection of Revolution Drive, facing east. Behind the truck was a blue Volkswagon Golf with heavy front end damage. The occupants of the F150 were identified as XXXX (passenger), and XXXX (operator). The operator of the blue Volkswagon was identified as Deniz Monteiro.
As I pulled my cruiser up to the scene of the crash, Monteiro walked out into the street to greet me. I observed that Monteiro appeared to be unsteady on his feet while standing still, and was swaying side to side. I ordered Monteiro to wait on the sidewalk for his safety. When I asked XXXX and XXXX what had occurred, they stated that Monteiro had rear ended them. XXXX stated that he had called the police to document the incident, because he believed Monteiro was drunk.
I approached Monteiro and asked him how many alcoholic beverages he had consumed. Monteiro replied: “oh, I am intoxicated. I am not going to lie to you, I should not have been driving.” As Monteiro spoke to me, I could smell a moderate odor of alcohol emanating from his breath. His speech was slow and slurred. Additionally, I observed that Monteiro’s eyes were glassy and bloodshot. After a short time, I was joined by Officer Samir Messaoudi (West-6), and Sergeant Rico Isidoro.
I asked Monteiro to perform a series of field sobriety tests, and he stated: “I am going to fail. I’m telling you, I am intoxicated.” After advising Monteiro about the nature of the tests, he consented to participate.
I would respectfully note that I am certified in Field Sobriety Testing, Advanced Roadside Impairment Detection Enforcement, and I am a certified Drug Recognition Expert (DRE #29733.) The area where the tests were conducted was on a flat sidewalk, clear from any apparent defects, well lit by street lights. Prior to administering any of the tests I asked Monteiro if he wore glasses or contacts and he stated no. Monteiro was wearing brown leather shoes and I asked if he was comfortable conducting the tests in the shoes, to which he said he was. I asked Monteiro if he had any medical conditions or physical defects that might prevent him from taking the tests, and he stated no. I explained and demonstrated each of the tests, and asked Monteiro if he understood each tests that he conducted, to which he said yes. Monteiro had no resting Nystagmus, his eyes were equally tracking, and his pupils were both equal in size.
Horizontal Gaze Nystagmus
I used my silver pen as a stimulus for the eye test.
I observed lack of smooth pursuit in both the left and right eyes.
I observed distinct and sustained Nystagmus at maximum deviation in both the left and right eyes.
I observed Nystagmus prior to 45 degrees both the left eye and right eyes.
Vertical Gaze Nystagmus
I observed NO vertical gaze Nystagmus
Lack of Convergence
I observed lack of convergence in the left eye. When the stimulus came within 2″ of the bridge of his nose, his right eye converged, and his left eye continued to look straight ahead.
Modified Rhomberg Balance
During the test, Monteiro was asked to estimate the passage of 30 seconds. After 90 seconds had elapsed, I stopped the test. I asked Monteiro how long I had asked him to estimate and replied 30 seconds, but he stated he knew more than 30 seconds had elapsed. When I Monteiro why he did not stop at 30 seconds as instructed, he stated he was following my instructions. I informed Monteiro that his answer did not make sense, and he repeated that he was following my instructions.
Walk and Turn
The line that bisects the slabs of pavement on the sidewalk was used as a line for this test. During the instructional phase of this test, Monteiro lost his balance 4 times. Monteiro did not start the test too soon. As Monteiro began the test, a group of pedestrians started to walk into the scene, and were diverted away by Officer Messaoudi. I directed Monteiro to begin the test again. During the first series of steps, Monteiro missed his heel to toe, stepped off line, stopped walking, and raised his arms. When Monteiro performed the turn, he turned using both feet to take steps and ended up facing the wrong direction, he did not turn as instructed. I had to remind Monteiro that he needed to take 9 steps back. During the return 9 steps, Monteiro stepped off line, and missed his heel to toe. Monteiro took 9 steps in each direction. Monteiro displayed 6 of the 8 validated clues of impairment during this test.
One Leg Stand
During this test, Monteiro kept his left foot planted while raising his right foot. During this test I observed Monteiro drop his foot 3 times, use his arms for balance, and sway while balancing. Monteiro restarted the count 3 times after he dropped his foot. The test is meant to go for 30 seconds, but after 20 seconds Monteiro stopped and stated that he was done because he had to pee. Monteiro displayed 3 of the 4 validated clues of impairment during this test.
I had Monteiro blow into my department issued portable breathalyzer testing device (PBT). The result was 0.26 BAC.
Based upon the aforementioned evidence, I placed Monteiro under arrest for Operating Under the Influence of Liquor, and Negligent Operation of a Motor Vehicle. I handcuffed Monteiro in a manner consistent with my training, double locking the handcuffs and checking them for proper tightness. The Volkswagon was towed from the scene by Pats towing, as authorized by Sergeant Isidoro. Monteiro was transported back to the police station in prisoner transport unit 200, operated by Officer Paul Beckford. At the station, Monteiro was booked and provided all of his applicable rights by the Commanding Officer: Lt. Carmine Vivolo. Monteiro consented to conduct a breath alcohol test (Draeger Alcotest 9510). Lt Vivolo was the operator for the breath test. The result of the breath alcohol tests revealed that Monteiro had a blood alcohol level of 0.16, which is twice the legal driving limit. The OUI documents will be entered into evidence in the usual manner.
Officer Devin Schneider