Real Life Somerville Police Stories: Arrest: (OUI Liquor, Leave Scene of Property Damage)

On Saturday, March 19, 2022, at approximately 1:27 A.M., Somerville Police control received a call from a person reporting she heard a loud crash at the intersection of Walnut Street and Radcliffe Rd. The reporting party also stated she observed broken glass on the ground and a gray SUV fleeing the scene.

While responding to the scene, Officers Messaoudi and Pasqualino (Sector-East) located a black Ford Explorer bearing Massachusetts registration XXXX with damage to the front-end at the intersection of James Street and Radcliffe Rd. The owner/operator, later identified as ISRAEL ALVAREZ was assessing the damage. Officers Messaoudi and Pasqualino asked ALVAREZ if he was operating the vehicle and he stated that he was. Officers detected an odor of an alcoholic beverage on ALVAREZ’s breath and his eyes were glassy and bloodshot.

I arrived on scene and observed damage to three parked vehicles. I asked ALVAREZ if he consumed any alcohol and stated he had four beers. I asked ALVAREZ what kind of beer he had and he replied “Modelo.”

I asked ALVAREZ to take a field sobriety test, to which he agreed. I asked ALVAREZ if he had any medical condition that would prevent him from taking the test and stated “No.”
Officer Messaoudi administered the SFSTs, while I translated the instructions to ALVAREZ in Spanish.

The first test was the Horizontal Gaze Nystagmus (HGN).
HGN: During this test, Officer Messaoudi 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.

Walk and Turn test:
ALVAREZ was instructed to place his left foot on the line and put his right foot in front of it, with his right heel touching his left toe 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.

ALVAREZ lost his balance during the instructional phase, he took six steps, stopped, and asked how many steps he was supposed to take. ALVAREZ missed heel-to-toe in steps 1, 3, 5, and 6, and made an improper turn. He then took nine steps back, missing heel-to-toe in steps 1 and 5, and stepped off the line twice.

One Leg Stand: ALVAREZ was instructed to stand with his heels together and arms by his side, and raise one leg approximately six inches off the ground, foot parallel to the ground, 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.

While standing on his right foot, ALVAREZ raised his left foot for 14 seconds and put it down, he swayed and did not count as instructed.

Modified Romberg Balance:
During this test, ALVAREZ estimated the passage of 30 seconds in 28 seconds and had a three-inch sway from side to side and back and forth.

Finger to nose test: During this test, ALVAREZ raised his hand and failed to touch his nose during the first two attempts, he touched the left side of his nose on the third attempt, below his nose on the fourth attempt, touched the left side of his nose on fifth, and sixth attempts. Officer Messaoudi had to remind ALVAREZ to bring his hand down by his side after each attempt.

Based on my observations, I placed ALVAREZ under arrest for OUI Liquor and leaving the scene of property damage. He was transported to the Somerville Police Headquarters via unit 200, operated by Officer Radochia, and booked by Lieutenant Shackelford.

During the booking process, Lt. Shackelford advised ALVAREZ of his rights and asked him to submit to a chemical test of his breath to which he agreed. Officer Thompson administered the test to ALVAREZ, with a test result of 0.12% BAC.

ALVAREZ was read his Miranda rights from a printed form and signed the form acknowledging that he understood his rights. Post Miranda, ALVAREZ stated “I’ll be sincere with you. I had three beers and one shot.” ALVAREZ was issued a notice of suspension for a chemical test failure.

During the inventory of ALVAREZ’s vehicle, I located an empty Modelo beer can under the driver seat and observed damage on the right front fender, front bumper, and the driver side door consistent with the damage found on the parked motor vehicles.

It should be noted that I translated for ALVAREZ for the entirety of his interaction with officers.

Images of the accident has been attached to this report as well as the booking sheet and appropriate OUI forms.

Respectfully submitted,

Ofc. Kevin Henriquez #362
Somerville Police Department

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