Real Life Somerville Police Stories: Moises REYES (OUI Liquor, Alcohol from Open Container, Unlicensed Operation) non-responsive man inside a motor vehicle

On June 29, 2019 at about 9:50 PM, Officer Steve Johnson (West 6) and I (Officer Mark Nevin/West 5) were dispatched to XXX Lowell Street in response to a report of a non-responsive man inside a motor vehicle, which was blocking a driveway. The following is a summary of the incident:

Upon our arrival we observed a man in the driver’s seat of a car. The man was wearing sunglasses and appeared to be asleep. The car was running and had been running long enough for the engine’s heat to radiate to the car’s hood. The hood was much warmer than the other surfaces of the car.

I tapped on the driver’s window to get the man’s attention, but he did not respond. The driver’s door was unlocked, so I opened it and that caused the man to stir and then he attempted to get out of the car. I told him to stay in the car and turn off the engine. He continued his attempts to get out, but I pushed the door to reduce his exit space and he slowly retreated. I told him to turn off the engine again. He reached for the ignition keys and fumbled a bit, but eventually was successful in turning off the engine. I told him to remove the keys and put them on the dashboard. He did remove the keys, but put them on the passenger’s side car seat. I told him again to put the car keys on the dashboard and he picked up the keys and then put them back down on the passenger’s side car seat again. The third time I asked, he picked up the keys again and just held them in the air. I took the keys from him and placed them on the hood of the car. During this brief interchange, I observed two open beer cans in the beverage holders located between the front car seats and a partial case of beer on the floor of the front passenger’s seat (pictures attached). Both beer cans contained a small amount of beer, which were later emptied and discarded.

When I asked for his driver’s license, he removed his glasses and told me that he did not have a license. With his sunglasses removed, I observed his eyes to be glassy and after he began to speak, I could discern a moderate smell of alcohol and noticed that his speech was slurred. These signs along with his uncoordinated movements and failure to follow my instructions led me to believe that he was under the influence of alcohol.

He eventually provided me with his passport, which showed his name to be Mr. Moises Aguilar Reyes of El Salvador. I placed Mr. Reyes under arrest for OUI alcohol, unlicensed operation, and open alcohol in a motor vehicle and issued him a citation for the same (T1229983). Two sets of handcuffs were used to accommodate Mr. Reyes’ large stature and they were double-locked. Mr. Reyes was transported to the station in the prisoner transport wagon by Officer Cleary and booked by Sgt. McCarey.

I did not ask Mr. Reyes to complete a roadside assessment because there was a language barrier and because he appeared so “out-of-it” I did not want to chance him hurting himself or an officer by falling. Mr. Reyes did agree to take the blood alcohol test during the booking process. The results showed a blood alcohol level of .13%.

The car Mr. Reyes was operating was towed incident to arrest and because it was blocking a driveway.

Respectfully submitted by,

Officer Mark Nevin #300
Somerville Police Department

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