On 10/03/2025, while assigned to marked unit East-4, I responded to the area of Summer Street and School Street; Chief Benford had a motor vehicle stopped and requested additional units.

     Upon my arrival I found that there were two parties, later identified as Mr. Jose Ramirez and Mr. XXXXX outside of the vehicle. Additional units including Sergeant VanNostrand responded as well. Chief Benford informed me that Mr. Ramirez was the operator of the vehicle. Later Chief Benford would explain to me that he was travelling in the area of Union Square at the intersection of Somerville Ave and Prospect he saw a silver Subaru bearing MA registration XXXXX operating in a way that caught his attention. When the Subaru took a turn onto that intersection the window was rolled down and Mr. Ramirez pointed at Chief Benford and was not paying attention and almost rear ended another vehicle. Chief Benford then saw the vehicle travelling Westbound on Summer where Mr. Ramirez failed to yield to a pedestrian in a cross walk and then crossed over the double yellow line. Chief Benford activated his emergency blue lights and Mr. Ramirez pulled the vehicle over and then jumped out of the car. It was shortly after this I arrived.

     During my interaction with Mr. Ramirez I noticed he was shifting on his feet, when walking was unsteady, had bloodshot glossy eyes and I smelled the odor of an alcoholic beverage on his breath. When Mr. Ramirez was asked how much he had to drink today he started by saying not and made another sound, then changed his sentence to say "nothing". I interpreted this as saying not much at first. Mr. Ramirez agreed to participate in Standardized Field Sobriety Tests. During our time together, Mr. Ramirez told me that he was wearing Hiking shoes, that they were well worn in, was wearing contacts, and had tendonitis and pointed at his left ankle. He also complained of having sciatic nerve pain.

     I would note that prior to each test directions were given. Demonstrations were given for the walk and turn test and the one leg stand.

      The first test was Horizontal Gaze Nystagmus.

      I utilized a blue pen light as the stimulus for this test that I keep in my vest pocket. Mr. Ramirez had no issue seeing the blue light by his words. I instructed Mr. Ramirez to stand with his feet together and his hands down by his side. I explained I wanted him to follow the light with his eyes and his eyes only and not to move his head. He stated he understood. I noticed equal pupil size and equal tracking in both eyes. During the first attempt Mr. Ramirez was moving his head. I explained again that I needed him to keep his head still. He did not believe he was moving his head. During the second attempt, Mr. Ramirez interrupted the test to ask how long the tests would take and what the next test was. I explained multiple times throughout the process that everything would be explained to him at the appropriate time. Mr. Ramirez was able to complete the test.

Left Eye- I saw lack of smooth pursuit, onset prior to 45 degrees, and distinct and sustained Nystagmus at maximum deviation.

Right Eye- I saw Lack of smooth pursuit, onset prior to 45 degrees, and distinct and sustained Nystagmus at maximum deviation.

I did not witness vertical Nystagmus.

    Walk and Turn

      The area of the street used for the tests was flat, dry, and clear of debris. The area was well lit. The line that was used for this test was an imaginary line.

During the instructional phase of this test Mr. Ramirez was swaying heavily and lost balance several times. He stumbled sideways almost off the sidewalk. I asked Mr. Ramirez to put his left foot on the imaginary line and put his right foot in front of it with his right heel touching his left toe. I would note that I also got into this position to demonstrate it. He stepped out of this position several times. Mr. Ramirez stopped me to instruct me to demonstrate him prior to him doing the test. I explained several times that I would explain and demonstrate everything. During the instructions Mr. Ramirez interrupted me again to ask what the next test was. I had to explain to him again that I would explain everything during that time. After several attempts on this test and him falling off of the line, I asked Mr. Ramirez if he was unable to do it and he stated yes.

    One leg stand

I asked Mr. Ramirez to stand with his hands down by side and with his feet together. I informed him that he would be lifting first his left foot 6 inches off the ground, which is roughly the size of a soda can. I informed him to keep his foot pointed out, with his foot parallel to the ground. I instructed him to watch the tip of his toe and count out loud "one-thousand-one, one-thousand-two, one-thousand-three, and so on until I tell you to stop". He asked how long he would have to do that and I told him until I told him to stop. He asked again how long that would be and I said 30 seconds. Mr. Ramirez then began telling me that was too long. I redirected him back to the test and he asked me to demonstrate it again and I did. He then demanded I do it for longer. I explained it was time for him to take the test. I explained the directions in full and reminded him to count out loud, watch the tip of his toe, and if he put his foot down to lift it back up and continue counting where he left off.

     Left foot raised:

     Mr. Ramirez used his arms for balance, swayed, and put his foot down. He initially put his foot down almost immediately and I told him to continue and lift his foot back up. I reminded him to count. He stated he was never told to count out loud. I explained to him that he repeated that part of the instructions back to me. He began again counting this time and put his foot down on count 4. I would note that he was counting out in the Mississippi manner.  He had to be reminded to lift his foot back up and count out loud again and demonstrated the manner. He told me he was counting wrong. Mr. Ramirez stared at me and I asked if he wanted to continue. He said his left foot was hard because he is a righty. I let him move onto the other foot.

      Right foot raised:

      I explained the directions again and Mr. Ramirez did not have questions. Mr. Ramirez lifted his foot and I reminded him to look at his toe. He said he did not have to look at his toe and he was told it is part of the test. He raised his foot and began counting, again in Mississippi. He got to 3 and put his foot down, staring at me. I told him to raise his foot and continue. He did and put his foot down again almost immediately.

Mr. Ramirez stopped. I asked him if he wished to continue and he said no.

     Modified Romberg Balance Test:

     I instructed Mr. Ramirez to put his hands down by his side and to keep his feet together. I instructed him that when I said to begin and not until I said to begin he would tilt his head back and close his eyes. I told him when he believed that 30 seconds had gone by he was to tilt his head forward, open his eyes, and say done.

During this time I initially observed an approximately two inch circular sway and then he began leaning forward. Mr. Ramirez estimated the passing of 30 seconds in 51 seconds. When I asked how long that was he said 29 or 31 seconds. I asked how he got to that and he said he counted one Mississippi.

   Finger-to-nose

When I asked Mr. Ramirez to stand again with his feet together and his hands by his side he began asking questions about how long this would take and if he could just walk home. I informed him that we were almost done. He stated that it was taking too long and at one point said "At this point you guys already have me sobered up". He said he did not want to do any more tests. I then pulled out my portable breath tester and Mr. Ramirez immediately began saying no. I told him this would be the last test. He refused and I then informed him to put his hands behind his back and he was under arrest. I placed him under arrest (DL) and unit 200 (Detainee transport vehicle) was requested. Also, a tow was requested. Mr. Ramirez's brother, XXXXX asked to get some belongings out of the car as it was his. Sergeant VanNostrand accompanied him and on the floor of the back seat was half of a small bottle of Tito's Vodka and an empty large bottle of Stella Artois Beer.

     Mr. Ramirez was transported to the Somerville Police Department via unit 200, operated by Officer Barton. He was booked in the usual manner by Lieutenant Capasso. Mr. Ramirez declined the Breath Test and was issued a suspension notification and issued MA uniform Citation 470503AD, both of which were put into his property bag.

A photo of the bottles found will be attached to this report and tagged into evidence. All pertinent paperwork will also be preserved in evidence.

     Respectfully submitted,

    Officer Christopher Fusco #328