On the above date and time, while assigned to Car E-4, in full uniform, I was dispatched to the area of XX Florence St. Somerville for a report of a M/V accident. Upon my arrival I observed the following vehicles and their condition (property damage only):
Vehicle #1 – will be referred to as the striking vehicle, it is a 2007 black Volvo S60, Mass Reg XXXX, owned by DRS Painting Corp of XX Bonair St #XX Somerville, Ma. and was operated by the defendant, Daniel R. DaSilva of 97 Perkins St. #2, Somerville, Ma. DOB – XXXX. Mr. DaSilva stated that he was not injured as a result of the accident. This vehicle sustained heavy front end and passenger body damage (front passenger tire completely torn away from vehicle) as a result of striking the following parked M/V,
Vehicle #2 – is a 2013 gray Toyota Scifrs, Mass Reg XXXX, owned by XXXX of XX Florence St, Somerville, Ma. This vehicle sustained damage on the driver’s side, front to rear.
Upon my arrival, I observed the defendant, Daniel DaSilva stumbling around the exterior of the vehicle that was disabled in the middle of Florence St. as a result of the collision with the parked M/V. He was walking around the vehicle and appeared to be confused. He was observed to be unsteady on his feet while using the vehicle to maintain his balance. I approached him and asked if he was driving the Volvo. He stated “Yes”. I asked him if he was injured as a result of the collision. He stated that he was not hurt. I asked him for his license and registration. He stated that he did not have a license, that he had a passport. I asked him to produce the passport. He did. I asked him for the registration to the vehicle. After several minutes of fumbling around the interior of the vehicle, he produced a registration to the Volvo. I asked him a second time if he had a Mass. license and he stated that he did not. Once again, I asked him if he was injured. He stated that he was not. At this point, I could detect a very strong odor of alcoholic beverage emanating from the defendant’s mouth. I took due note of the damage to the vehicle and observed no damage to the windshield (a precaution to a possible head injury due to the severity of the crash). I want to note that the defendant is Brazilian and his primary language is Portuguese. I asked him if he understood English. He stated that he did understand English. As a result, I was deliberately speaking slowly in order that there would be misunderstanding on the defendant’s part.
I made observations of the defendant as he was walking around the vehicle and on the street. He was unsteady on his feet and nearly tripped a couple of times as he was walking around. I approached him, within 2 ft. and observed his eyes to be very bloodshot and glassy. I asked him once again if he was injured and he stated that he wasn’t. His speech seemed to be a little slurred and thick (accent) but I detected a very strong odor of alcoholic beverage emanating from his breath. Due to the totality of the above stated circumstances, I asked the defendant if he would be willing to perform a couple of Field Sobriety tests. He agreed to the Field Sobriety tests. I had the defendant perform the following Field Sobriety tests on the sidewalk in front of #XX Florence St:
#1 – Walk a straight line, hands down by his side, heel to toe, 9 steps, pivot, and repeat the process while returning to the starting point, while counting each step out loud. He performed this test in an unsatisfactory manner: He did not touch his heel to toe on several steps, he used his arms to balance himself, he waved his arms over his head 3 times, when he pivoted he nearly fell, and he only walked 7 steps on his return,
#2 – The one legged stand, using either foot as his balance foot, foot extended out 6 inches above the sidewalk, hands down by his side, and count to 15. He performed this test in an unsatisfactory manner: He used his arms to balance himself again, waving his arms over his head and by his side to maintain balance, he dropped his left foot down at least 2 times, and he did not count out loud or to the #15,
#3 – The Head tilted back, eyes closed, and touch the tip of his nose with the tips of each index finger. He performed this test in an unsatisfactory manner: His first attempt he performed with his eyes opened, he did not touch the tip of his nose with either finger, the 2nd attempt, with both eyes closed while performing this test, almost resulted in the defendant falling backwards on the sidewalk due to his unsteadiness on his feet. At this time, due to possible injury concerns to the defendant, I stopped this test. There was nothing to be gained in this investigation by continuing on with the tests. In addition, I did not want to demean or embarrass Mr. DaSilva any further. At this point in the investigation, based upon my training and experience as a Police Officer for over 41 yrs, and all the above stated circumstances, I formed the opinion that the defendant was under the influence of alcohol while operating his vehicle on a public way (Florence St.) in the City of Somerville. I informed him that I was placing him under arrest for the above stated charges, he was handcuffed and transported to the Station, via Prisoner Transport Vehicle #200, being operated by Off. M. Canty, where he was booked and advised of his rights by Lt. DeOliveira. Lt. DeOliveira is also of Brazilian descent and performed the booking process in Portuguese. I might also add at this time, that I performed each of the 3 Field Sobriety tests for the defendant, in order for him to perform the tests in a satisfactory manner.
While at the Police Station, after the booking process was completed, with the assistance of Lt. DeOliveira’s translation into Portuguese for the benefit of the defendant, I once again asked the defendant if he would submit to several Field Sobriety tests in the booking area. The defendant agreed to the tests as requested. Lt. DeOliveira translated each of the 3 tests and I performed them once again, in order to show the defendant what a satisfactory completion of the tests should resemble:
#1 – 9 step heel to toe as previously stated above: in my opinion the defendant did not perform the test in a satisfactory manner for the following reasons; He used his hands to balance himself by waving them away from his side, he was unsteady and off balance, his feet were not straight on the line, his toe did not touch his heel on every step, he only walked back 8 steps on his return, and the pivot was not performed as I showed him,
#2 The one legged stand as stated above: Once again he had a difficult time maintaining his balance, his hands were used as balance and not kept at his side, and he counted to #35 (in Portuguese),
#3 – The Head tilted back using the index finger test as stated above: In his first attempt, he started the test with both index fingers simultaneously and neither finger touched the tip of his nose (one finger was on the bridge of his nose (left) and the other was on his upper lip (right), his next attempt (left index finger) ended with him touching his upper lip and his third attempt ended with him touching the upper bridge of his nose with his right index finger. For the above reasons/observations, once again, I formed the opinion that the defendant was under the influence of alcohol while operating a M/V on a public way (Florence St.) in the City of Somerville. The defendant did avail himself to the Breathalyzer test that was completed at the Somerville Police Dept. by Off. Robert Hartsgrove. The following readings were recorded by the ALCOTEST 9510 breathalyzer machine:
Subject Test #1 =0.153
Calibration Check = 0.078
Subject Test #2 = 0.148
Det. James McNally #80
Somerville Police Dept.