On March 26, 2023, at 12:49 a.m., I responded along with Officers Morel and T. Lambert to the intersection of Broadway and Main Street, public ways in the city of Somerville, for a motor vehicle crash involving two vehicles.
Upon arrival, I found a 2019 Hyundai Sonata bearing Massachusetts registration XXXX with damage to the rear bumper and a Chevy Impala bearing Massachusetts registration XXXX with damage to the front bumper. Both operators were standing on the sidewalk.
I spoke with the reporting party (RP), XXXX who stated that while stopped at a red light at the intersection of Broadway and Main Street, his vehicle was struck by the Chevy Impala operated by the registered owner, Robison SILVA. The RP also stated that while talking to SILVA, he noticed he was unsteady on his feet.
I asked the operators if they were injured, and they stated they were not. I then asked for their licenses and registrations to exchange information. SILVA handed me a passport and stated he did not have a license. While talking to SILVA, I detected the odor of an alcoholic beverage on his breath, his eyes were glassy and bloodshot, and he was unsteady on his feet. SILVA was also laughing for no reason.
I asked SILVA to take a field sobriety test, to which he agreed. SILVA stated he preferred to speak Portuguese or Spanish. Officer Morel translated the instruction to SILVA in Spanish. I demonstrated all tests to SILVA and asked him if he understood, and he stated, “Yes.” The test was administered on the sidewalk, on a well-lit, flat, non-slippery surface.
The first test I administered was the Horizontal Gaze Nystagmus (HGN)
During this test, SILVA was unable to follow the stimulus; he moved his head left and right and did not follow the instructions. It should be noted that SILVA’s eyes are misaligned.
Walk and Turn Test: I instructed SILVA 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.
SILVA lost his balance three times during the instructional phase. SILVA took six steps, missed heel-to-toe in all of them, and stepped offline. He then turned left and took five steps, missing heel-to-toe, then stopped.
One Leg Stand: I instructed SILVA to stand with his heels together and arms by his side, raise one leg approximately six inches off the ground, foot parallel to the ground, keep both legs straight, keep his eyes on the elevated foot, and while holding that position, count out loud: one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop.
SILVA started laughing and stated he does not know how to count in thousands; he raised his right foot, counted until eight, and put it down.
Based on my observation, I placed SILVA under arrest for OUI liquor and unlicensed operation of a motor vehicle. He was transported to the Somerville Police Headquarters in Unit 200, operated by Officer McAloney, and booked by Lieutenant DeOliveira. His vehicle was inventoried and towed from the scene by Pats Towing.
During the booking process, Lt. DeOliveira advised SILVA of his rights and asked him to submit to a chemical test of his breath, to which he agreed. Officer Radochia administered the test to SILVA, who had a test result of 0.18% BAC. Lt. DeOliveira is fluent in Portuguese; he conducted the booking in Portuguese and interpreted the instructions to SILVA during the chemical test.
I issued SILVA citation #T3008226 for OUI liquor and unlicensed operation of a motor vehicle and placed it in his property bag along with a notice of suspension for a chemical test failure.
Ofc. Samir Messaoudi #312
Somerville Police Dept.