On 03/18/2024, while assigned to marked unit East-4, I was dispatched to the area of 134 Walnut Street for reports of a motor vehicle accident. West-6 (Officer Buswell) responded as well.

     Upon my arrival, I saw a black motor vehicle, bearing MA reg XXXX, A female, later identified as MS. Michelle Ellis exited. I would note that the vehicle was clearly running, as exhaust was coming out and she was attempting to move it.

     I asked what happened and she walked towards me, unsteady on her feet, and using the vehicle for balance. She told me she didn't know and that the car just wouldn't move. As she got closer and was speaking I could smell the odor of alcohol coming from her breath and she was slurring her speech. I asked if she had noticed that she hit a vehicle and she said no. I would note that there was a white sedan, bearing MA Reg XXXX with fresh damage to the rear driver's side. There was black paint on the white vehicle and white paint on the black vehicle.

    The front passenger tire was facing the opposite direction as the driver's side which would indicate some damage to it.

    I asked Ms. Ellis if she had anything to drink this evening. She stated a glass of wine. I asked if she had taken any medications or drugs and she stated just her normal medications. She listed them but I was unfamiliar and asked what they were for. She stated that they were anti depressants and anti anxiety medications.

    When I asked where she was coming from she stated the CVS in Porter Square. I asked where she was on her way to and she stated home on Aldersey Street. I would note that she would have to pass her home to end up on walnut street where she was. I asked if she knew where she was and she couldn't answer me.

     I asked if she would be willing to submit to field sobriety tests and she agreed.

    We moved to a flat, level area of the sidewalk that was dry and free of debris. I used my flashlight and an overhead street light to illuminate the space.

    I asked Ms. Ellis if she had any injuries, she stated sciatica, but no issues with balance. She does not wear contacts, she normally wears glasses but did not have them with her. She stated she was on a number of medications. I asked how long she had owned her sneakers and she stated about two months and that they were comfortable.

     The first test was the Horizontal Gaze Nystagmus Test. I utilized a blue LED light I keep in my vest as the stimulus. Ms. Ellis stated she was able to see the light. I explained that I wanted her to follow the light with her eyes and he eyes only and to not move her head. I asked if she understood and she stated yes. I asked if she had any questions and she stated no.

     Ms. Ellis had equal pupil size and showed equal tracking. It took several attempts to perform this test as she could not follow the directions. First she was moving her head and I had to remind her twice to not move her head. Then she would not follow the stimulus, but anticipate it's movement. When It was performed as directed I saw lack of smooth pursuit in both eyes. I saw Nystagmus prior to 45 degrees. I saw distinct and sustained Nystagmus at maximum deviation.

I did not see vertical Nystagmus.

     I then attempted lack of convergence. Convergence is the crossing of the eyes. For this test I used a pen as the stimulus as not to incite a dilation of the eyes with the light. I explained I would make two small circles around her face and then bring the pen close to her nose, but not touch. She was unable to perform this test as she was unable to follow the directions, not following the pen.

     Next was the walk and turn. The walk and turn is a divided attention test. I asked her to get into what is called the instructional stance. I asked her to imagine a straight line going down the sidewalk. I instructed her to place her left foot on the line and put her right foot in front of the left. I asked her to put her right heel up to her left toe. I then demonstrated it. She was unable to stand in the stance as she would put her feet in the wrong places, once side by side, then took a step, then stumbled and almost fell. We attempted several times to get into the correct position and she told me that she couldn't do it. I asked why and she shrugged.

We moved on.

     Next was the one leg stand.

I explained to Ms. Ellis what I would like her to do. I told her when I told her to begin and not before that she would raise her foot 6 inches from the ground, approximately the height of a soda can. I told her to keep both legs straight with her toe pointed out and hands down by her side. She would then count out in the manner of one-thousand-one, one-thousand-two, one-thousand-three, and so on, until I told her to stop. I explained that if she were to put her foot down, to raise it again and pick up where she left off. When asked if she understood, she stated yes. When asked if she had any questions she stated no.

    When I told her to begin, she put her foot down on two, while swaying and using her arms for balance. I had to remind her to continue. She stared at me for a moment and I allowed her to restart. I told her to begin again and she put her foot down on 1, 3,4, and 5 before the test was stopped for safety.

    Modified Romberg Balance Test

I instructed Ms. Ellis to put her hands down by her sides and keep her feet together. I told her that when I told her to being that I wanted her to tilt her head back and close her eyes. She would then estimate 30 seconds, when she believed 30 seconds had gone by I wanted her to tilt her head forward, open her eyes and say stop.

   She stated she understood the instructions and had no questions.

   Ms. Ellis estimated the passage of 30 seconds in 36 seconds. I asked how long it had been and she said about 30 seconds, when asked how she got to that she said she counted, 1,2,3,4.  I noticed a more than 4 inch circular sway and significant eyelid tremors.

Finger to nose test.

     For this test I told Ms. Ellis to stand with her feet apart and put her arms out and demonstrated how I wanted her to do that. I then instructed to make fists and stick out her index finger, also demonstrating this. I told her that I would instruct her to tilt her head back and close her eyes. I would then call out left or right and she would take the tip of her finger and touch the tip of her nose. I demonstrated how I wanted to touch her nose with her finger. She would then immediately bring her finger back down. She stated she understood and had no questions.

1. She touched the pad of her left index finger to the bridge of her nose.

2. She touched the pad of her right index finger to the tip of her nose.

3. She touched the pad of her left finger to the tip of her nose

4. She touched the pad of her right index finger to the tip of her nose.

5. she touched the pad of her right index finger to the bridge of her nose.

6. she touched the pad of her left index finger to her left nostril.

    At this time I made the opinion that Ms. Ellis was under the influence of alcohol and placed her in handcuffs (DL). I requested the prisoner transport vehicle (200). I read Ms. Ellis her Miranda warning from a card Officer Buswell had provided. Ms. Ellis agreed to speak to me. I asked her again how much she had to drink. She said some wine. I asked if it was more than one and she nodded. She would not tell me how much she actually had.

She was transported to the Somerville Police Department by Officer Pavao and was booked in the usual manner by Sergeant VanNostrand. Ms. Ellis was given the opportunity to take a breathalyzer test and the results were a .20 BAC.  She was given her Miranda warning again at booking and stated to Sergeant VanNostrand that she had glasses of wine at home this evening.

Ms. Ellis was charged with operating a motor vehicle under the influence of alcohol and negligent operation.

She was issued MA uniform Citation T3312421 for the same.

     All documentation has been placed into evidence.

     Respectfully submitted,

     Officer Christopher Fusco #328