Crime & Safety

Field Tests Prove Too Challenging for This Driver Charged With DUI

Accused objects to having his photograph taken at headquarters.

On March 7 at about 11:30 p.m., police were on patrol on Stratford Avenue when they observed a white Cadillac traveling at a very slow speed and swaying to the far left of the road, crossing the double yellow lines and then back to the far right of the road.

After observing the unusual driving, police signaled for the vehicle to pull over. However, the vehicle did not stop right away, instead traveling about 200-feet and then jumping the curb to the right of the road.

When the vehicle finally stopped, police said, the front wheels were on the curb with the rear wheels off the curb causing the vehicle to be partially in the road, indicating to police that the operator was impaired.

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Upon approaching the driver’s side of the vehicle, police smelled “a very strong odor of an unknown alcoholic beverage.” The operator, David Black, 44, of Shanley Street, was asked if he knew why he was stopped and if he had anything to drink.

Black said he had two beers, and was asked by police to step out of the car for a field sobriety test. Police said that as “he exited the vehicle, he had a very hard time maintaining his balance, reaching out to the car to balance himself while he was instructed to walk to the rear of the vehicle.

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Police said Black then consented to the field sobriety test, the first of which was the “horizontal gaze nysagmus.” The second test was the “walk-turn,” where police observed Black “losing his balance, raising his arms, perform no heel to toe, take incorrect number of steps, step off line, start too soon and turn incorrectly.”

The third test, the one leg stand, saw Black “swaying while balancing, using his arms for balance and putting his foot down,” police said. At the conclusion of the test, Black was charged with driving under the influence and transported to headquarters where he agreed to submit to a breath test.

The result of the first test was .1969; the second test .1772, both well above the legal limit.

When police attempted to photograph Black, he allegedly “gave us a very hard time,” police said, “yelling at us and refusing to take the picture.” In addition to DUI, Black was charged with failure to drive right and held in $500 bond pending a March 22 court date.


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