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Fitchburg District Court 5/04/17

An off-duty Leominster police officer observes a Mercedes pulled off Wachusett street with its right directional blinking and the driver slumped over the steering wheel. Checking on his well-being, the officer finds the driver to be incoherent and calls for an ambulance and police backup. While waiting for assistance to arrive, the off-duty officer observes open 40-ounce beer bottles on the front passenger seat. When asked if he knew where he was, driver states “I am doing High street next”. When asked what he was doing on High street the driver states “delivering oil”. After being reminded by the officer that he is in a car and not an oil truck, the driver places the running Mercedes into drive and attempts to leave. The officer displays his badge and orders the driver to shut off the car. The driver then has difficulty producing his license. An on-duty Leominster officer responds and asks the driver whether he had anything to drink and the driver responds that had a couple beers. The driver is hard to understand and has bloodshot glassy eyes and is unsteady as he exits the car. Driver fails the HGN test, one-leg stand test (puts his foot down at 2 and only counts aloud to 9 and then says “30”) and the walk and turn test. During booking, driver admits to drinking a 40 ounce beer and consents to take a breath test blowing a .28.

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