On 03/08/2020, while assigned to marked unit East-2, I responded to a Motor vehicle stop. A bolo had been called out for A MA registration xxxxx for a check condition. The operator, Edward Atwell was believed to be intoxicated, I would note that Mr. Atwell’s license is also suspended. Officer Nick Moreira had seen Mr. Atwell’s car operating on Broadway and had stopped him in front of 523 Broadway. I happened to be in the areas and Officer Moreira asked me to perform the roadside assessments. I would respectively note I am a certified Drug Recognition Expert. I walked towards Mr. Atwell and when approaching him I immediately noticed his eyes to be blood shot and glossy, his eyelids were also droopy. I asked Mr. Atwell if he would consent to sobriety tests and he agreed. When I first started speaking to him I would note I noticed a strong odor of alcohol coming from his person and as he stood and walked towards me he was unsteady on his feet. During our conversation I asked Mr. Atwell if he had had anything to drink today and he said he had been drinking the night prior. He stated he stopped drinking at around 6 AM this morning. When I asked what his drink of choice was, he stated Captain Morgan.
I first asked Mr. Atwell if he had any injuries to his back or lower body and he told me no, that he just had soreness from his job. I asked what he did and he told me he was a “tin banger” He told me he worked with metals and did construction. He also stated he had good balance and walked on beams at work. I noted Mr. Atwell’s footwear to be sneakers, he stated they were comfortable and he got them for Christmas.
I would note that prior to each test, it was explained and demonstrated for Mr. Atwell, he was also given the opportunity to ask for clarification prior to each test. The area used for this was the sidewalk. It was flat, dry, and clear of debris. The line for the walk and turn was the bisection in the cross walk.
Horizontal Gaze Nystagmus:
Mr. Atwell does not wear contacts or glasses, nor is he required to. He was able to follow the stimulus, in this case a pen, he does not suffer from blindness in either eye, his pupil sizes were equal, and he did not have resting Nystagmus.
Mr. Atwell exhibited lack of smooth pursuit in both eyes,
Mr. Atwell exhibited distinct and sustained Nystagmus at maximum deviation
Mr. Atwell exhibited Nystagmus prior to 45 degrees.
He did not have vertical Nystagmus
Modified Romberg Balance Test
Mr. Atwell estimated the passage of 30 seconds in 24 seconds. He told me he counted in a fashion of 1,2,3,etc.
Mr. Atwell had a 2 inch sway, both back to front and side to side. He also exhibited Eyelid tremors
Walk and Turn:
Mr. Atwell did not start too soon and could keep his balance during the instruction phase.
First nine steps: MR. Atwell missed the line on step two, stepping to the right, step four, stepping to the right, and step 7 stepping to the left. He missed Heel-to-toe on steps 2, 4,5,7,8,and 9.
He did not perform the turn as instructed, pivoting on his feet in an “About face” fashion instead of as demonstrated.
He took a total of nine steps
Second Nine Steps:
Mr. Atwell missed the lie on step 3, stepping to the right, step 4, stepping to the left.
He missed Heel-to-toe on steps 5,6,7,8.
He took a total of nine steps.
One Leg Stand
Left foot planted:
Mr. Atwell did sway while balancing
He did use his arms for balance
He did not hop
He pt his foot down on the count of 1,2,3,4,10,12. He reached a count of 17 in 30 seconds
I would note he did not count in the fashion that was explained, instead counting 1,2,3,4 etc
Right foot planted:
Mr. Atwell did sway while balancing
he did use his arms for balance
he did hop
he did put his foot down on steps 1,3,4,5,11
the test was stopped for safety.
Finger to nose:
First Attempt: he touched the bridge of his nose with the pad of his left finger and had to be reminded to drop his hand
Second Attempt: He touched the tip of his nose with the pad of his right finger and had to be reminded to drop his hand down.
Third attempt: He touched his right nostril with the pad of his left finger
Fourth Attempt: He touched the tip of his nose with the pad of his right finger
Fifth Attempt: He touched the Tip of his nose with the pad of his right finger
Sixth Attempt: He touched the tip of his nose with the pad of his left finger.
I would note he exhibited eye lid tremors through out and also would bring his head down to his finger.
PBT: Mr. Atwell consented to a department issued portable breath test. He blew a .205
At this time I requested for the prisoner transport vehicle (Unit-200). He was transported back to the station by Officer Anaya and was booked in the usual manner by Lieutenant W. Rymill.
Breathalyzer: Mr. Atwell was advised of his rights and consented to a Breath Test at the station. He blew a .23.
Mr. Atwell was issued MA uniform citation T1832358 for Operating after suspension and OUI second Offense.
Mr. Atwell has a guilty finding for OUI out of Somerville District Court Docket Number 9810CR3007A
Mr. Atwell’s car was towed Incident to Arrest. I would note a search incident to arrest showed several empty “Nip” bottles in the car of Captain Morgan and Fireball. One bottle was found in a lunch box on the front seat and the rest were found in the center console. Pictures will be made available as well as the bottles being submitted to evidence. All OUI documents will be attached and filed into evidence as well.
Officer Christopher Fusco #328