About 3:57am on Sunday, August 29, 2010, an officers from District E5 (West Roxbury/Roslindale) received and responded to a woman falling asleep at the wheel at 75 Spring Street in West Roxbury.
The officers approached the motor vehicle and observed a white Hispanic female, later identified as DIANA MERCADO, 31, of West Roxbury sleeping at the traffic lights located at the intersection of Spring Street and Summer Street. Officers parked their marked department cruisers and approached the running motor vehicle.
At this time, officers knocked on the Mercado's side window; no response. Officers then opened the unlocked door which awakened Mercado. Officers immediately instructed Mercado to put the car in park as the car began to move forward. Officers instructed Mercado to step out of the motor vehicle due to being in the middle of the intersection and to sit at the bus stop. As Mercado stumbled out of the motor vehicle, officers requested Mercado's driver's license and registration. As Mercado spoke to the officers, they could smell a strong odor of alcohol. Officers then went into the motor vehicle to retrieve Mercado documents and observed in plain view a more than half empty clear glass bottle of Paul Masson Brandy. The more than half-empty glass bottle of alcohol was located on the passenger side floor. Officers then located Mercado's driver's license in the middle console of the motor vehicle. Officers then opened the glove compartment (normally where a motor vehicle registration is kept). After opening the glove compartment, officers observed a clear rolled up plastic bag of green like vegetable matter, believed to be Marijuana (a Class D drug substance) and a rolled up Marijuana blunt in the clear plastic tube.
At this time, officers continued to look for Mercado's registration. The registration was retrieved; the registration was attached to dated (07/27/10) letter addressed to Mercado, stating her driver's license would be suspended for 60 days on Thursday, 08/26/10 for 7 surchargeable events.
Officers conducted a Field Sobriety Test due to their interaction with Mercado (sleeping, stumbling and strong smell of alcoholic beverage) as well as the finding of the more than half empty bottle of alcohol and green like vegetable matter, believed to be Marijuana.
Due to circumstances, including the failure of three Field Sobriety Tests, officers placed Diana Mercado under arrest for Operating a Motor Vehicle Under the Influence of Alcohol (c. 90, s. 24J) and Operating a Motor Vehicle after License Suspended (c. 90, s. 23). Mercado was issued a Massachusetts Uniform Citation (M9809524). Mercado was transported by Officers and booked at District E-5 (West Roxbury).
Mercado was also issued a City Ordinance Violation (No. 060260) for Possession of Class D Substance.