BROOKLINE — On Saturday, Jan. 13, 2024, at around 9:20 p.m., Officer Ryan Cabezas of the Brookline Police Department was driving east on Beacon Street when he observed a brown Nissan Murano make several marked lanes violations.
(The account and quotations in this article were taken from the Personnel Narrative of Officer Cabezas.)
“The vehicle was in the far-left lane going east on Beacon Street when the vehicle drove onto the white broken lines down the middle of Beacon Street,” Officer Cabezas said. “The vehicle then went back into its own lane on the left side. The vehicle did this motion twice.”
Officer Cabezas entered the plate number of the vehicle in the FBI’s Criminal Justice Information Services (CJIS) system. The registration came back to 50-year-old Richard Drucker (Drucker’s address was redacted in the report obtained by News Link Live.)
“Drucker’s driver’s license status came back as suspended. The vehicle registration came back as revoked for lack of insurance,” Officer Cabezas said. “I activated my emergency blue lights to perform a traffic stop on the Nissan in the area of Beacon Street and St. Mary’s Street.”
After pulling him over, Officer Cabezas asked Drucker for his driver’s license and registration, which he handed over.
“I informed Drucker of the reason why he was being stopped,” Officer Cabezas said. “Drucker stated that his license may be suspended, but that he got it fixed. While speaking with Drucker, I could smell a strong odor of alcohol coming from his person and his eyes appeared very glossy. I asked Drucker where he was going tonight and he stated he just left his house in [location redacted] and was heading to Copley Square to pick up a friend.”
At this time, Officers Joseph Canavan and Michael McCarthy arrived on scene to assist and dispatch verified that Drucker’s driver’s license was indeed suspended.
“Drucker was ordered to shut his vehicle off and exit the vehicle, which he complied with,” Officer Cabezas said. “I asked Drucker if he had been drinking today, and he stated he had three or four mixed drinks around 7:00 p.m. Drucker stated he was drinking Bacardi and Gatorade. While talking with Drucker Officer Canavan discovered a mug in the front cup holder of the vehicle that had a strong odor of intoxicating liquor coming from the mug. I asked Drucker about the mug, and he stated that there was vodka inside it. During this whole interaction with Drucker, he was very emotional; Drucker cried almost the entire time. Drucker also had an unopened bottle of vodka in the back seat of the vehicle.”
Officer Cabezas then asked Drucker if he would take field sobriety tests. He agreed.
The first test Officer Cabezas conducted was the Horizontal Gaze Nystagmus test. According to findlaw.com, the Horizontal Gaze Nystagmus (HGN) test is a field sobriety test where an officer has an individual follow an object (such as a pen tip or pen light) with his/her eyes. The HGN test checks for the involuntary jerking of one’s eyes as they gaze side to side. This involuntary jerkiness is said to increase while under the influence of alcohol.
Officer Cabezas said Drucker failed the test because he moved his head from side to side while following the pen, rather than his eyes.
“While administering the test, Drucker immediately began to move his head from side to side while following the pen,” Officer Cabezas said. “I again instructed Drucker not to move his head and to only follow the pen with his eyes. Drucker again kept moving his head. Due to Drucker moving his head every time, I was unable to get an accurate test. It is my opinion that Drucker failed this test.”
Officer Cabezas then administered the “walk-and-turn” test. The walk-and-turn test involves walking heel to toe in a straight line with your hands at your side for approximately nine steps, then turning around and walking back to the starting point the same way.
Officer Cabezas positioned Drucker on the crosswalk line, hands by his side, after offering him the option to take off his sandals and perform the test barefoot—an offer Drucker chose not to accept.
“I told Drucker to begin; Drucker immediately started to wobble, he stepped off the line and missed heel to toe. Drucker then stopped and took off his sandals,” Officer Cabezas explained. “Drucker then began the test again, taking three steps that were off the line; arms were swagging and were greater than six inches from his body, and he never counted any of his steps out loud. Drucker only took six steps in total. It is my opinion that Drucker failed this test.”
Officer Cabezas then gave Drucker the “one leg stand” test. This test involves lifting one leg about six inches from the ground, while holding the foot in a position parallel to the ground, with arms kept at the sides.
After instructing him on how to do the one leg stand, Officer Cabezas told Drucker to hold that position and count out loud in the following manner: “one thousand one, one thousand two, one thousand three” and so forth, until he was told to stop.
“I told Drucker to begin, and Officer McCarthy also started the timer for 30 seconds,” Officer Cabezas said. “Drucker held his foot off the ground for approximately three seconds, then placed it back on the ground and stated he could not do it anymore. I asked Drucker if he was going to finish the test, and he said no. It is my opinion that Drucker failed the test.”
For the last and final assessment, Drucker was asked to recite the alphabet from “C” to “Y.”
“I informed Drucker that he could not sing, and Drucker stated that he understood the instructions,” Officer Cabezas said. “I had Drucker begin, he started at ‘A’ but when he got to ‘L’ he sang ‘LMNOPQRSTUV.’ Drucker also went all the way to ‘Z.’ This shows that Drucker was unable to follow the directions I gave him. It is my opinion that Drucker failed this assessment.”
After failing the field sobriety tests, Officer Cabezas arrested Drucker. He was transported to the Brookline Police Department for booking.
“While Drucker was being booked, he made the following statements to Lt. [Charles] Thornton: He stated he had three and a half drinks. Drucker again talked about drinking vodka and Gatorade,” Officer Cabezas said. “Drucker said he drank a pint of vodka at home and was going out to pick up his friend at Copley Square. Drucker was also very emotional during the booking process, Drucker was offered to submit to a Blood Alcohol Breath Test, which he agreed to take. It should be noted the test was unable to be performed until 11:36 p.m. The breath test results yielded a result of 0.00% BAC.”
The vehicle stop took place at 9:29 p.m. and the breath test was administered at 11:36 p.m, Officer Cabrezas said.
Drucker’s vehicle was towed from the scene and his license plates were confiscated and taken back to the Brookline Police Department to be entered into property. Drucker’s driver’s license was also confiscated, entered into property and destroyed due to its suspended status, Officer Cabezas said.
Drucker was charged with the following: OUI/Liquor, operating after suspended license, and operating on revoked insurance.
Drucker’s license was suspended on April 21, 2023 for failing to pay fines.
Drucker was also issued three Massachusetts Uniform Citations for: open container (alcohol), uninsured vehicle, and marked lanes violation.
