On 08/12/2022, while assigned to marked unit East-4, I responded to the area of Broadway and Lombardi for a motor vehicle accident. East-1, had requested my assistance. Upon my arrival Officer VanNostrand pointed out a male party, later identified as Mr. Daniel Escobar who had been involved in the accident.
He had rear ended another motor and he asked me to speak to him. Upon approach I noticed Mr. Escobars eyes to be bloodshot and glassy with a yellow tinge. His eyelids were droopy. He was leaning on his vehicle, a 2018 Chevy Silverado, MA reg XXXX. It appeared Mr. Escobar was leaning on the vehicle for support. I began speaking to him and asking him what had happened. I noticed his speech to be slurred and upon getting closer to him I could smell the odor of alcohol coming from his person. I asked him if he had been drinking today and he stated that he had two beers, Modelos after work. During our conversation I asked him if he was comfortable with English, as he stopped several times during speaking. He said he was Okay with English. I asked if he would like a translator and he said yes. I requested a Spanish speaking officer through dispatch and Officer DaCosta (West-6), responded. While waiting her arrival an employee from a business, Broadway Brake came out as he knew Mr. Escobar in passing. He helped with translation temporarily. I asked through him if Mr. Escobar was on any medication, he said only for Cholesterol. I asked if he had any injuries, and he said his elbow, it was a pre-existing injury. At about this time Officer DaCosta arrived and we confirmed the questions I had previously asked.
Officer DaCosta translated for the duration of this interaction.
I asked if Mr. Escobar wore prescription glasses or contacts. He said no.
I asked if he suffered from any blindness. He stated no.
I asked if he had any injuries to his legs that would stop him from walking or balancing and he said old soccer injuries but did not specify the injury.
Mr. Escobar was wearing work boots that appeared well worn. I asked if they were comfortable and he said yes, while working.
I performed a series of roadside assessments. The following will be a breakdown of those.
I asked Mr. Escobar to stand with his hands down by his sides and his feet together.
Horizontal Gaze Nystagmus (HGN)
For stimulus I used a pen light, with a blue light at the end. I presented it to Mr. Escobar and asked if he could see it. He stated yes.
Mr. Escobar did not have resting Nystagmus; His pupils were equal in size.
I explained to Mr. Escobar to follow the light with his eyes and his eye only and not to move his head. I would note he had to be reminded several times to not move his head.
At several point during HGN he did not follow the stimulus, instead he would anticipate it’s movement.
When he was following directions:
I observed Lack of smooth pursuit in both eyes.
I observed Nystagmus at maximum deviation in both eyes.
I observed distinct and sustained Nystagmus prior to 45 degrees.
Next was the Modified Romberg Balance Test
Mr. Escobar was asked to stand in the same position, hands by his sides, feet together.
During this test I would ask Mr. Escobar on my command to tilt his head back, close his eyes, and estimate the passage of 30 seconds. It was explained to him that when he believed 30 seconds have gone by to tilt his head forward and say stop.
I asked if Mr. Escobar had understood the directions, he stated yes. I asked if he had any questions and he said no.
I told Mr. Escobar to begin.
I noticed a two to three inch forward and backward sway. This turned into a circular sway.
Mr. Escobar stopped at 53 seconds. He stated that 32 seconds had gone by. I asked him to repeat the directions back to me and he repeated them back as described. To stop at 30 seconds. He stated that the way he came to the time was by counting.
Next was the walk and turn.
The area we used for this was flat, dry, clear of debris and the sun was still out, providing light to the area.
I explained to Mr. Escobar and showed him the starting position. I explained we would be using an imaginary line on the ground, and that I wanted him to put his left foot on the line, he complied. I wanted him to take his right foot and put the heel of it to the toe of his left foot. He complied but instead of being straight they were tilted outward.
I then told him to put his hands down by his side. He immediately began swaying and using his arms for balance. During the instructional phase he lost his balance and stepped off the line several times.
I explained to Mr. Escobar that I wanted him to take nine heel-to-toe steps on the line, then he would turn by keeping his front foot planted, and with his rear foot take a series of small steps to turn and then take nine heel-to-toe steps back. All the while, keeping his hands down by his sides, watching the line, and counting his steps out loud.
I asked Mr. Escobar if he understood the directions. He said yes. I asked if he had any questions about the instructions, he said no.
On the first nine Steps, Mr. Escobar Missed the heel-to-toe step with more than a 1-inch gap on steps 3, 6,7, and 8.
He stepped off the line on steps 4 and 5.
He used his arms for balance
He did take nine steps
On the turn, he started an “About face” style turn but then stopped and performed the turn as described.
On the second set of Heel-to-toe steps, Mr. Escobar stopped and asked what to do next. After he could not remember, I reminded him to walk back. He took this as walking backwards. After three steps backwards I stopped him and told him to walk forward.
On the proper next nine heel-to-toe steps:
He missed the heel-to-toe style of steps with a gap greater than 1 inch on steps 1,2,3,5,6,7.
He did not step off the line.
He did raise his arms for balance.
Next was the one leg stand:
I asked Mr. Escobar to stand with his feet together and hands by his side. I instructed him not to begin until I told him to do so.
I explained and demonstrated that I wanted him to raise first his right foot, 6 inches off the ground, toe pointed out, bottom of his shoe parallel to the ground. He would then look at the tip of his boot, while counting out in the following fashion: 1 thousand 1, 1 thousand two, and so on. Officer DaCosta stated that he could translate it into Spanish. I instructed him to stand straight with both legs straight.
I asked if he had any questions regarding the instructions, he stated no. I asked if he understood the instructions and he stated yes.
When I told him to begin, he did not count out loud, he did not look at his toe until reminded several times, and dropped his foot, by my stop watch at 6 seconds, 8 seconds, 22 seconds, 24 seconds, and I then advised him to stop. He did use his arms for balance, he bent left knee, and swayed heavily.
Next, I informed him that he would do the same while raising his left foot. I reminded him of the instructions and demonstrated them. When asked if he had any questions he asked if he could not look at his toe. I told him no and the instructions were explained again. He stated he had no other questions.
On this round, with his left foot raised, he swayed while balancing, used his arms for balance, dropped his foot at 12 seconds and I stopped the test because he almost fell over.
The last test was the finger to nose test.
During the instructional phase I asked Mr. Escobar to stand with his hands by his sides, and his feet together,
I told him to make fists and then point out his index fingers.
I demonstrated and he did the same.
I explained and demonstrated that I wanted Mr. Escobar that when I told him to begin, he would tilt his head back and close his eyes.
I would then call out either left or right. He would take his left or right finger and touch the very tip of his finger to the very tip of his nose. Again, I demonstrated this.
Mr. Escobar stated that he understood the instructions and did not have any questions.
First was the left finger: He touched the nostril of his nose with the pad of his left finger.
Second: He touched the bottom of his nose with the pad of his right finger.
Third: He touched the nostril with the pad of his left finger.
Fourth: he touched the right side of his nose with the pad of his right finger.
Fifth: he touched the tip of his nose with the side of his right finger.
Sixth: he touched the nostril with the tip of his left finger.
At this time, I placed Mr. Escobar under arrest (DL) and requested unit-200 (Prisoner transport vehicle).
Officer VanNostrand located an unopened nip of Fireball in the front left pocket of Mr. Escobar’s pants, which will be tagged into evidence.
Mr. Escobar was transported to the Somerville police station and was booked in the usual manner by Lieutenant Capasso
Mr. Escobar was transported to the Medford State Police Barracks for his Breathalyzer test.
His Test result was a 0.16 %BAC
A CJIS query of Mr. Escobar showed that his License was suspended.
Mr. Escobar was issued MA uniform Citation T1829276 for:
Operation after Suspension.
Mr. Escobar’s vehicle was towed and will be put on a 12 hour hold
All documents will be placed into evidence
Officer Christopher Fusco #328