Island Resident Avoids DUI Despite Bailing Midway Through Sobriety Tests To Pee In The Road
David Creed •
An island resident who was arrested on the night of February 6th and charged with indecent exposure after stepping away from his field sobriety tests with a Nantucket Police officer to relieve himself in the middle of the road had the charge dismissed in Nantucket District Court last month following the payment of $100 in court costs. Remarkably, he also avoided a drunk driving charge despite failing all of his field sobriety tests, having nine open beer cans in his vehicle, smelling like alcohol, and possessing medication prescribed to someone else, due to the fact that he passed a breathalyzer back at the police station.
On the night of February 6th, police officers, who had an island resident participating in their Citizens Police Academy in the passenger seat of the cruiser, stopped the man on Bartlett Road after observing that one of his headlights was not working, according to a police report obtained by the Current. When police approached the driver’s side window, they observed the man to have glossy eyes and a slight smell of alcohol emanating from his facial area. Police also observed a 12-pack of Corona beers within arm’s reach of the man. The suspect, who speaks Spanish and used Google Translate to communicate with the police, told officers he was drinking “right now” but had only consumed two beers.
After completing the first test, the man told the police he needed to use the bathroom. He then pointed to the side of the road, and the police began to yell “NO, NO, NO.”
“I repeated myself and stated if you do it, you will be placed under arrest,” the responding officer said in the police report. “He then proceeded to undo his belt, visibly remove his p***s from his pants and began to urinate on the roadway facing a residence. It should be noted a civilian who was part of the Citizens Police Academy was in the front passenger seat of my marked cruiser and witnessed the entirety of this incident. There were also cars passing by on Bartlett Road. This part of Bartlett Road is also a thickly settled residential area.”
The man did it anyway, and was placed under arrest for indecent exposure before being able to complete his field sobriety tests. Police told him he would complete the tests at the station, as well as the booking process.
Police then began the process of having the man’s vehicle towed. While they completed inventory of the car, police found nine “cold to the touch” empty beer cans with leftover beer in them.
“It should be noted that the heat was turned on in the vehicle and the cans still continued to be cold to the touch,” police said. “All beer cans were in arm's reach of (the man).”
Medication not belonging to the man was found in the driver’s side door. When the man was brought to the station, field sobriety tests continued. Officers conducted the counting test, which they said he failed with the help of an interpreter, followed by the one-leg stand test, which they said he failed. He ultimately failed all of the field sobriety tests.
After failing every test, the man was read his rights and offered the opportunity to take a breathalyzer test. He agreed and passed the test with a .04 BAC, avoiding any additional charges.