AYER — On Monday, July 22, 2024, at approximately 6:47 p.m., Groton Police Dispatch notified Dispatcher Janet Providakes at the Ayer Police Department that a vehicle, driven by a woman allegedly under the influence, had left the area of Lovers Lane with a small child in the backseat.
(The account and quotations in this article were sourced from the printed Statement of Facts of Officer Jacob Noll and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)
“It was advised that the female operating the vehicle was possibly under the influence of alcohol,” Officer Noll said. The report was made by 31-year-old Joseph Chennell, a customer at the Groton Publick House at 94 Lovers Lane in Groton, MA. He told police that a woman at the bar appeared intoxicated, and he was concerned for the safety of the child with her. Chennell gave Groton police’s dispatch the license plate of the vehicle the woman was operating. The plate number came back to a 2021 white Range Rover registered to Ashley Bergin.
According to police, Ashley S. Bergin, 42, is a resident of 65 Wright Road, Ayer, MA. She’s a married realtor with an orderly appearance, according to a summons report from the Ayer Police Department.
“Officer Lansing and I were previously dispatched to the vicinity of 48 Wright Road, Ayer MA, for a vehicle accident,” Officer Noll explained. “While I was waiting for the vehicle involved in the accident to be towed, dispatch advised us of the information Groton had given them. Officer Lansing was driving over the bridge in the vicinity of 212 Snake Hill Road in Ayer, MA, when he observed Mrs. Bergin drive by him at approximately 6:55 p.m. in the middle of the roadway. Officer Lansing advised that the vehicle had gone by him, and he was going to attempt to turn around.”
Officer Noll stated that while the Ayer Fire Department was assisting with the car accident, he saw Bergin maneuver her car around several vehicles waiting for the road to reopen, causing her to enter the opposite lane.
“Once the roadway was opened at 6:58 p.m., Officer Lansing and I approached Mrs. Begin in her vehicle,” Officer Noll said. “Mrs. Bergin was instructed to pull off the side of the road on the proper side of the road, where she did so in front of Standish Avenue.”
Officer Noll said that Bergin rolled down her window and asked what was going on. Officer Noll said that when Noll rolled down her window, the back driver’s side window also rolled down and he observed a child in the back seat.
“I asked Mrs. Bergin if she had any alcohol tonight and she stated ‘No, none,’” Officer Noll said. “While I was speaking to Mrs. Bergin to inform her what was going on, I observed that her eyes were glossed over and very minorly bloodshot.” Officer Noll said that he also detected the smell of an alcoholic beverage coming from inside the vehicle while speaking with Bergin through the driver’s side window.
“Based on my observations and the information that was given by the Groton Police Department, I asked Mrs. Bergin if she would step out of the vehicle so I could perform SFSTs (Standardized Field Sobriety Tests) with her to determine if she could safely operate her vehicle. Mrs. Bergin stated that she would perform the SFSTs,” Officer Noll said.
Officer Noll said Bergin got out of her vehicle and he began the field sobriety tests at about 7:04 p.m.
The first test Office Noll had Bergin perform was the Horizontal Gaze Nystagmus (HGN) 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.
“Before I began the HGN I asked Mrs. Bergin if she wore glasses, contacts, or had any current or prior injuries to her eyes or head that would hinder her ability to perform the HGN, in which she replied ‘No,’” Officer Noll said. “I asked Mrs. Bergin one more time if she drank alcohol and she stated, ‘Just one glass of wine, but that was hours ago.’ Throughout the test I observed 6/6 possible clues from Mrs. Bergin. In both her right and left eyes, I observed lack of smooth pursuit, nystagmus at maximum deviation and onset prior to 45 degrees. While I was performing the HGN, I had placed Mrs. Bergin in the instructional stance where I advised her to only follow the tip of my pen with only her eyes and to not move her head as I held my pen approximately 12-15 inches from the tip of her nose. I had to advise Mrs. Bergin to stop moving her head multiple times while trying to perform the test. I asked Mrs. Bergin if she needed me to repeat the instructions in which she stated ‘No.’”
The next test Officer Noll had Bergin perform was the nine-step walk and turn test. This test requires the subject to count out loud as they take nine heel-to-toe steps along a straight line (like a visible line on a road), then turn on one foot and return in the opposite direction.
“Officer Lansing advised Mrs. Bergin to perform this test in the middle of the road so that it was more level and stable for her,” Officer Noll said. Later adding, “Officer Lansing blocked off the roadway so that there was no traffic at the time of this test. I asked Mrs. Bergin if she has ever had any injuries to her feet, legs, knees, or anything that would affect her ability to perform this test to which she replied ‘No.’”
Officer Noll said Bergin was wearing flip flops when she performed the nine-step walk and turn test.
Officer Noll stated that before asking Bergin to perform the walk-and-turn test, he explained the instructions and demonstrated the test for her.
“I had asked Mrs. Bergin if she had any questions or needed me to clarify what she had to do and she stated ‘No,’” Officer Noll said. “Mrs. Bergin showed 5 out of the 8 possible clues.” The possible clues Officer Noll listed in his Statement of Facts were the following:
- Started too soon
- Stops walking
- Missed heel to toe
- Raises Arm(s)
- Improper turn
“During the instructional phase, Mrs. Bergin started too soon as I was still demonstrating it to her,” Officer Noll said. “During this time, she had started too soon twice.”
Officer Noll said that during the test, Bergin also missed every heel to toe step.
“When Mrs. Bergin reached her ninth step, she stopped walking for a few seconds and stated, ‘Wait how was I supposed to turn again?’” Officer Noll recounted. Adding that she then completed the turn improperly because she picked up both feet and “didn’t turn around as I demonstrated for her to do.”
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Officer Noll stated that after Mrs. Bergin made the improper turn, she raised her arms about six inches from her sides.
The next test Officer Noll asked Bergin to perform was 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.
Officer Noll said he explained the instructions and demonstrated the one leg stand test for Mrs. Bergin. He asked her if she had any questions or needed clarification, to which she responded, “No.”
“During the 30 second period I observed 0 out of 4 clues,” Officer Noll said. Officer Noll added that during the test, Mrs. Bergin did not count out loud as he had advised her, which was to count in the manner of “one thousand one, one thousand two,” and so on, until she reached thirty.
“After the one leg stand, I asked Mrs. Bergin if she was familiar with the English alphabet and if she was able to recite it, and she stated ‘Yes,’” Officer Noll said. “I then asked Mrs. Bergin if she could recite out loud to me the alphabet starting with the letter ‘E’ and stopping when she got to the letter ‘N.’ Mrs. Bergin stated, ‘Well this is kind of hard even for a normal person,’ and then stated, ‘Okay I’m ready.’ Mrs. Bergin stated the following: ‘E, F, G, H, I, J, K, N,’ leaving out ‘L’ and ‘M.’”
Officer Noll stated that after Mrs. Bergin failed the alphabet test, he formed the opinion that she was under the influence of alcohol based on his observations from the Standardized Field Sobriety Tests, her glossy eyes, and the odor of an alcoholic beverage emanating from her person.
“I asked Mrs. Bergin if she could step over to Officer Lansing’s cruiser as I did not want to place her under arrest in front of the child,” Officer Noll said. “I called Mrs. Bergin’s husband and asked him to come take custody of the child. At approximately 7:12 p.m., Mrs. Bergin was placed under arrest. Her handcuffs were checked for tightness and double locked as she was placed in the back of marked cruiser #34.”
Bergin was charged with:
- Operating Under the Influence of Intoxicating Liquor .08% or Above
- Child Endangerment while OUI
Officer Lansing transported Mrs. Bergin back to the station for booking while Officer Noll remained on scene for Mr. Bergin to pick up his child and for the car to be towed.
Bergin’s husband contacted the child’s mother, who was down the road and came to pick up her daughter, Officer Noll said. The child’s mother told Officer Noll that she, her husband, and their child were visiting family, as they reside in Ireland. Mrs. Bergin is the child’s aunt. The child is 5 years old.
“I advised [the child’s mother] that her daughter was okay and that her aunt was arrested and that she was okay to take back custody of her daughter,” Officer Noll said.
Officer McKenna said he also told the child’s mother that he filed a 51A form against Mrs. Bergin due to the incident that occurred. A 51A form is a mandatory report that professionals in Massachusetts, who work with children, must file with the DCF when they suspect that a child is being abused, neglected, or both.
“I did advise [the child’s mother] that her child was sitting in the back seat with no child safety seat at the time Mrs. Bergin was operating the vehicle,” Officer Noll said. “At 7:31 p.m. CBK Towing took possession of the vehicle and was advised that it was under a 12-hour hold.”
Once the vehicle was towed, Officer Noll went back to the Ayer Police Department to assist with booking Mrs. Bergin.
“At 7:49 p.m. I read Mrs. Bergin her statutory rights and consent form,” Officer Noll said. “When asked if Mrs. Bergin would take a breath test, she asked approximately five to six times what would happen if she did or didn’t. I read verbatim line #6 on the statutory rights and consent form to her three times. Officer Lansing and I continued to inform her of her options as she wouldn’t give an answer. At 7:54 p.m., Mrs. Bergin decided that she would take a breath test. At 7:55 p.m. Officer Lansing and I started her 15-minute observation period. At 8:14 p.m. the subject test 1 read ‘0.183.’ At 8:18 p.m., the subject test 2 read ‘0.183.’ The final breath analysis result was ‘0.183.’”
Mrs. Bergin’s bail was set at $2,540.00.
Officer Noll added, “Mrs. Bergin was properly fingerprinted and booked according to policy. Mrs. Bergin stated she had her license in possession during booking but she did not as I was not able to seize it at that time. Mrs. Bergin was afforded bail and was released to her husband Mr. Bergin at 10:00 p.m. under personal recognizance. I filed a 51A with DCF via telephone as well as fax. No further action has been taken at this time.”
Disclaimer: If you are wondering why the incident in this story was from July, that’s because I had to file FOIA request(s) to get the court documents for the incident. FOIAs are time consuming.
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