Real Life Somerville Police Stories: (OUI Liquor, Unlicensed Operation)

On 05/01/2022, while assigned to marked unit East-4, an RP called in a check condition on a male party in the area of Assembly Row that may be asleep behind the wheel.

Sector East (Officer VanNostrand) located this party at the intersection of Middlesex Ave and Mystic Ave, both public ways in the city of Somerville. He was with MA State Trooper Brian Labrola out of the Medford State Police Barracks. I responded as well to this incident. Upon my arrival I saw a white cargo van up against a support beam for signage to the highway. The vehicle was wedged against the pole and there was damage to the front of the vehicle. I approached the passenger compartment and saw a male party sitting in the driver’s seat. The operator of this vehicle would later be identified as Mr. Vando Soares DaSilva. Officer VanNostrand stated that Mr. DaSilva did not speak English. West-7 (Officer Torres) was on his way to translate. Officer Torres soon arrived and translated as we got Mr. DaSilva safely from the motor vehicle. Mr. DaSilva was unsteady on his feet and had to hold onto the vehicle for balance. At one point he swayed forward and grabbed for the door frame to hold him self up. Close up to Mr. DaSilva I could smell the odor of alcohol coming from his breath. His Eyes were bloodshot and glassy. As he spoke to Officer Torres, his speech sounded slurred to me. Mr. DaSilva was escorted across the roadway to the sidewalk where it would be safer to speak.
Due to the odor of alcohol, unsteady ness on his feet, slurred speech, and bloodshot, glassy eyes. Mr. DaSilva was asked if he would perform roadside assessments. Mr. DaSilva Agreed.
I requested Officer VanNostrand turn off all front facing blue lights to the cruisers in the road.
I pulled my cruiser onto the sidewalk and turned on the scene lights to illuminate the area
The tests were attempted on a section of the sidewalk that was flat, clean, and free of debris.

Note: All statements refereed to in this report are translated through Officer Torres.

Mr. DaSilva, when asked stated he does not wear glasses nor does he wear contacts. He had no injuries that would preclude him from performing any balance or walking tests. He stated he is not on any type of medication.

The first test was Horizontal Gaze Nystagmus. HGN is the involuntary jerking of the eyes.
His pupils were both equal sizes. He had no resting Nystagmus.
I explained through Officer Torres several times that I wanted him to follow a stimulus. In this case being a blue penlight I keep in my vest.
Mr. DaSilva would not follow the stimulus after being explained to him several times. Officer Torres asked if he understood the directions and Mr. DaSilva said he did.
After several more attempts the directions were explained again. This time Mr. DaSilva started moving his head. At this point, I asked Mr. DaSilva to put his hands to his cheeks to hold his head steady. He did for a moment and then dropped them.
After several more attempts, the test was aborted as Mr. DaSilva could not follow the directions.

Walk and Turn

The walk and turn test was performed on a flat spot on the sidewalk which was clean and clear of debris.

Mr. DaSilva was explained the directions and the test was demonstrated to him several times. When asked, he stated he understood the directions and did not ask any clarifying questions when asked if he had any
On Mr. DaSilva’s first nine steps he walked in a normal fashion, not heel-to-toe, did not walk on the line at all, did not count out his steps, and used his arms for balance. He also took 11 steps
His return was the same. Not stepping on the line, walking in a normal fashion and not heel-to-toe, raised his arms for balance, did not count his steps. His return was nine steps
His turn was improper, as he just walked in a circle and returned
He began several times before being instructed to do so. He was specifically told not to start until instructed.

One leg stand.
The test was conducted on flat spot on the sidewalk and it was clean and clear of debris. The test was explained and demonstrated for him. He was given the opportunity to ask any clarifying questions and he had none. He stated he understood the directions.
Mr. DaSilva had to be told to begin several times.
Mr. DaSilva put his foot down at, by my watch at three seconds, eight seconds, and twelve seconds. The test was stopped for safety.
Mr. DaSilva used his arms for balance, put his foot down, and swayed heavily.

PBT
Mr. DaSilva attempted several times to use the pbt

It was the Alcotest6820, serial number ARLN0269, test number 26.
This was provided and conducted by Troober Labrola.
Mr. DaSilva did two tests as he was having difficulty following the directions.
The first was a .089
The second was .175

I then placed Mr. DaSilva in handcuffs and informed him he was under arrest. Due to Mr. DaSilva’s shoulders being tight, I felt he would be more comfortable in two pairs of cuffs.
Mr. DaSilva was transported back to the station by Officer Haley in the prisoner transport vehicle (unit 200) and was booked in the usual manner by Lieutenant Capasso.

Mr. DaSilva refused the breathalyzer test.

Mr. DaSilva will be mailed MA uniform citation T1829275 for OUI Liquor and Unlicensed Operation of a Motor Vehicle. It will be mailed due to an emergency incident occurring in the city and he was bailed before the ticket could be given to him.

Respectfully submitted,

Officer Christopher Fusco #328

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