On Friday, June 18, 2021, at 8:35 A.M., Somerville Police control received a 911 call regarding a male passed out in a motor vehicle on Broadway near MacArthur Street.
Officers Fusco, and T. Lambert, arrived on scene and located a male passed out in the driver seat of a white Nissan Versa TN registration XXXX with its engine running.
The operator later identified as Robert VALLERY stated to me that he was tired and pulled to the side of the road. I asked VALLERY where he was going and he stated he was going to work.
While talking to VALLERY, I observed several prescription medication bottles in the front passenger seat and the back seat. I asked VALLERY if he consumed any drugs and replied “No”. I asked him if he took any prescribed medication and he said he did not.
I asked VALLERY to step out of the vehicle to be evaluated by Somerville fire and EMS. While talking to the EMTs, VALLERY was unsteady on his feet and leaned against the vehicle.
I asked VALLERY to take a sobriety test and he agreed. Before the test, I asked VALLERY if he has any limitations or medical conditions that will prevent him from performing balance and coordination tests, and he stated “No”. I asked VALLERY if he wears glasses and he stated: “For reading only”.
The roadside assessments were conducted on a flat surface.
– HGN: During this test, I observed a lack of smooth pursuit in both eyes, distinct and sustained nystagmus in both eyes, and an angle of onset prior to 45 degrees in both eyes.
– VGN: Vertical gaze nystagmus was not present.
– Walk and Turn test: I instructed VALLERY to place his left foot on the line and put his right foot in front of it, with his right heel touching his left toes and keep his hands by his side, then take nine heel-to-toe steps on the line, turn around keeping one foot on the line, and return nine heel-to-toe steps. VALLERY took 16 steps on the line, missed heel-to-toe on steps 1, 3, 4, 5, 6, 7, 8, 9. He stopped and asked me how many steps he took then made an improper turn and took 14 steps, missed heel-to-toe on all steps, and raised his arms for balance. VALLERY did not perform this test as instructed.
– One Leg Stand: I instructed VALLERY to stand with his heels together and arms by his side, and raise one leg approximately six inches off the ground, foot pointed out, keep both legs straight and keep eyes on the elevated foot, and while holding that position to count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop. VALLERY raised his left foot for two seconds and put it down. He raised it again for nine seconds and put it down. VALLERY did not perform this test as instructed.
– Modified Romberg Balance Test:
During this test, VALLERY estimated the passage of 30 seconds in 18 seconds and had a two-inch sway back and forth.
– Finger to nose test:
During this test, VALLERY touched above his nose on the first and second attempts, touched the right side of his nose on the fourth attempt, and bellow his nose on the sixth attempt. I had to remind VALLERY to bring his hand down by his side after each attempt. VALLERY did not perform this test as instructed.
Based on my observations, I placed VALLERY under arrest for OUI drugs. He was transported to the Somerville Police headquarters by Officer D. Lambert and booked by Lieutenant Holland.
During the booking process, Officer Ducasse located several pill bottles prescribed to VALLERY and one clear pill bottle without a label containing one white/round pill (Imprint: 2532) and one orange/oval pill (Imprint: e 505 20). The pills were placed into evidence.
While in custody, VALLERY complained of chest pain and was transported by Cataldo ambulance to Cambridge Hospital. A criminal complaint will be filed against VALLERY for OUI drugs c.90 S.24 and possession of Class E c.94C S.34. Citation# T1314660 will be mailed to VALLERY.
Officer Samir Messaoudi #312