On Saturday, April 22, 2017, at 2:09 A.M., while traveling on Washington Street, I observed a blue BMW bearing Massachusetts registration XXXXX turn left from Washington Street onto McGrath Hwy traveling the wrong way on the southbound. The vehicle nearly stuck a pedestrian, and vehicles traveling south on McGrath Hwy.
I activated my lights and sirens and stopped the vehicle at the intersection of McGrath Hwy, and Prospect Hill (public ways in the city of Somerville). I approached the operator / registered owner, identified as Ramon Lugo, and requested his license and registration.
While talking to Mr. Lugo, I detected a strong odor of an alcoholic beverage on his breath, his eyes were glassy and bloodshot. I asked Mr. Lugo if he had been drinking and he stated “Yes. I had three drinks at Middlesex bar in Cambridge.” I asked Mr. Lugo what kind of drinks he had and he replied “Heineken” Mr. Lugo stated that he went to the bar at 11 PM., and left at 2:00 AM., and had appetizers and drinks.
I asked Mr. Lugo to step out of the vehicle and take a field sobriety test, to which he agreed. I explained, demonstrated all tests to Mr. Lugo and asked him if he understood, and he stated “Yes.”
I asked Mr. Lugo if he wears glasses, and he stated “Yes.” Mr. Lugo did not have his glasses on him. I asked him if he wears contacts and he stated that he was wearing them, and denied having blindness in either eye. Mr. Lugo stated that he had no injuries, illnesses, medical conditions or physical defects that would prevent him from completing the tests. He stated that he was not diabetic or epileptic, and does not take insulin.
The first test I administered was the Horizontal Gaze Nystagmus (HGN)
During this test, Mr. Lugo was unable to follow the stimulus, he moved his head left and right and did not follow the instructions.
Walk and Turn test:
I instructed Mr. Lugo 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.
During the instructional phase, Mr. Lugo lost his balance twice. He took nine steps, missed heel-to-toe on steps 1, 2, and 3, and pivoted not performing the turn as instructed. He then took nine steps back, missed heel-to-toe on steps 1, 2, 3, and 9, stepped off-line on step 5 and raised his arms to maintain balance.
One Leg Stand:
I instructed Mr. Lugo to stand with his heels together and arms by his side, and raise one leg approximately six inches off the ground, foot parallel to the ground, 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.
While standing on his right foot, Mr. Lugo swayed, hopped, raised his arms for balance and put his foot down on his count of 9,13, 15, and 20 and stated “This is very difficult for me sir.” Mr. Lugo reached the count of “22 Mississippi” in 30 seconds. He was instructed to count “one thousand and one, one thousand and two, one thousand and three, and so forth” Mr. Lugo did not perform this test as instructed.
Modified Romberg Balance:
During this test, Mr. Lugo estimated the passage of 30 seconds in 61 seconds and had a three inch sway from side to side and back and forth. I asked Mr. Lugo how much time he estimated and how he did it, he stated “I don’t know. I lost count.”
Based on my observations, I placed Mr. Lugo under arrest for OUI Liquor, and reckless operation of a motor vehicle. He was transported to the Somerville Police Headquarters via unit 200, operated by Officer Radochia, and booked by Sergeant Marino.
During the booking process, Sergeant Marino advised Mr. Lugo of his rights, and asked him to submit to a chemical test of his breath. Mr. Lugo refused to take the test.
I issued citation R8607773 to Mr. Lugo for the following offenses:
– OUI LIQUOR
– RECKLESS OPERATION OF MOTOR VEHICLE
– ONE WAY VIOLATION
Officer Samir Messaoudi #312
Somerville Police Dept.