On Thursday, February 09, 2017, at 12:58 A.M., while traveling North on McGrath Hwy a public way, state highway in the city of Somerville, I observed a vehicle traveling in front of my cruiser with the exterior lights off.
I activated my lights and sirens and attempted to stop the vehicle near the intersection of McGrath Hwy., and Broadway. The vehicle continued to travel and did not stop until it reached Mystic Ave. Officers Khoury and Ruf responded as backup.
I approached the operator, who was later identified as Ms. Katherine England and requested her license and registration. Ms. England looked at me and stated “Seriously!” I asked her a second time to produce her license and registration, and she complied.
I asked Ms. England what took her so long to pull over and she replied “I thought you were pulling over the car in front of me.” I informed Ms. England that I stopped her because she failed to display the exterior lights. While talking to Ms. England, I detected an odor of an alcoholic beverage on her breath. I asked her where she was coming from and she replied “Tavern on the Hill” I then asked her if she consumed any alcohol and she stated “Yes. Two beers.”
I asked Ms. England to step out of the vehicle and take a field sobriety test to which she agreed. I turned the blue lights off, and administered the test on the side of the road, on a well-lit, flat, non-slippery surface.
While reading the instruction to Ms. England she interrupted me several times. She stated “Why are you doing this to me. I played Dodge ball from 730 to 830 and went to the tavern from 830 to 1230”
The first test I administered was the Horizontal Gaze Nystagmus (HGN.) During this test, I 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.
The next test was the Walk and Turn test, I explained, demonstrated, and administered the Walk and Turn test to Ms. England. I instructed Ms. England to place her left foot on the line and put her right foot in front of it, with her right heel touching her left toe and keep her hands by her 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.
Ms. England started while I was reading the instructions to her, missed heel-to-toe three times, stepped off line and raised her arms to maintain balance and made an improper turn.
I then explained, demonstrated, and administered the One Leg Stand to Ms. England. I instructed Ms. England to stand with her heels together and arms by her side, and raise one leg approximately six inches off the ground, foot pointed out, 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. During this test Ms. England raised her arms balance.
At this time I told Ms. England that she was under arrest for OUI and asked her to put her hands behind her back. Ms. England placed her hands in her sweatshirt pocket and refused to take them out, and stated “No, no we’re not doing this.” I gave Ms. England several verbal commands asking her to put her hands behind her back but she refused. With the assistance of Officers Khoury and Ruf, I was able to place Ms. England in handcuffs.
Ms. England was transported to the Somerville Police Headquarters via unit 200, operated by Officer Torres and booked by Lieutenant Lavey for OUI liquor and resisting arrest.
During the booking process, Lt. Lavey advised Ms. England of her rights, and asked her to submit to a chemical test of her breath. Ms. England refused to take the test. She later referenced her alcohol level might be over 0.08 but her alcohol tolerance was greater than any human being. (See booking video for more details.)
Citation# R8326732 was issued to Ms. England for lights violations and OUI liquor.
Officer Samir Messaoudi #312
Somerville Police Dept.