On January 27, 2017, I, Officer Tim Van Nostrand, was on duty and assigned to uniform patrol in marked cruiser West 5. At approximately 10:00pm, I was alerted by a citizen, that a black Ford pickup truck was swerving all over the road, and almost struck a pedestrian on Broadway by the Powder House rotary. She pointed to a vehicle that was driving east on Broadway, passing the intersection of Medford St. Broadway is a public way in the city of Somerville.
I positioned my cruiser behind the pickup truck, and observed the operator swerve from curb to curb, frequently depressing the brakes. Between Main street and School street, Broadway has two lanes, and the vehicle was unable to maintain a lane, and nearly struck the center island on three separate occasions. I activated my emergency equipment at the intersection of Broadway and Thurston St, however the truck continued slowly for an additional two blocks, until it stopped for the traffic light at School St.
I contacted the operator, and instructed him to place the truck in park, and turn the vehicle off. He looked at me in a blank stare, and mumbled things incoherently. The operator eventually turned the vehicle off after being instructed 6 times, and then let his foot off the brake causing the vehicle to begin to roll. I jumped in the truck and got the vehicle stopped, however the transmission and the emergency parking brake were both defective. While the driver attempted to speak with me, I could detect a strong odor of an alcoholic beverage emanating from his breath. I also noticed his eyes to be glossy and red. In the center console of the truck was a 40oz bottle of Budweiser beer, and a 24oz can of Steel Reserve beer. The Budweiser still contained a small amount of beer in it, and both the bottle and can were cold to the touch.
Once it was safe to do so, I removed the operator, and identified him via a Brazilian passport as Antonio Rodrigues DeOliveira. Once out of the vehicle, DeOliveira had to use the truck to hold himself up. I asked him how many beers he had consumed, and he replied only two beers. Officer Joseph Moreira (East 4) and Officer Kevin Goulart (West 6) were on scene to assist. With the help of Officer Moreira, DeOliveira was escorted to the Winter Hill Bank ATM vestibule where I began to administer FST’s. The vestibule was well lit, level, and heated.
The first test I administered was the Horizontal Gaze Nystagmus (HGN) test. I read the instructions from my Massachusetts State Police Field Sobriety Testing Instructions that I keep with me. I asked DeOliveira if he understood, and he stated yes. DeOliveira removed his glasses, and was able to point to the top of my pen. During the test I observed lack of smooth pursuit in both eyes, distinct and sustained Nystagmus at maximum deviation in the left eye, and Nystagmus onset prior to 45 degrees in both eyes. This results in 5 of 6 possible clues, and a failure for the test.
The next test I administered was the One Leg Stand test. After acknowledging the instructions and observing my demonstration, DeOliveira began. He began counting and stopped at 9 due to him using the side of the vestibule for balance, then placed his foot down. He attempted it again, and he again used the wall for balance before placing his foot down. During both attempts he raised his hands above his waist. At this point I observed 3 out of 4 clues and determined this test to be a failure.
I then escorted DeOliveira outside to a flat surface to administer the Walk and Turn test. I found a tiled walkway with a natural visible straight line. After explaining the instructions and demonstrating the test, DeOliveira began. He did not touch heel to toe on any of the steps, raised his hands numerous times for balance, and also stepped off line numerous times. I determined he failed this test.
I placed DeOliveira in handcuffs (double locked) and he was transported by Officer Michael McCarey in unit 200 to the Somerville Police station, where he was booked by LT. Lavey. I queried DeOliveira’s information through the registry and learned that he did not possess a license to operate, and in addition his right was suspended due to a previous operating under the influence charge and refusal to take the breath test. A check of his criminal history revealed he was on probation for an operating under the influence charge. Due to this information, DeOliveira was charged with Operating under the influence – second offense (90/24/K), Negligent operation of a motor vehicle (90/24/E), and Operating with a suspended license for OUI (90/23/F). Citation #R7639168 was issued.
At the station DeOliveira was afforded a chance to take a breath test, which he refused. Officer Dervishian entered the refusal. Officer Raul Goncalves of the Everett police department responded to the station to assist with translating to DeOliveira’s primary language of Portuguese. DeOliveira waived his Miranda warnings, and stated he had one Corona beer at this bosses house prior to driving. These statements were all audio recorded at the booking window.
Officer Tim Van Nostrand
Somerville Police Dept.