STATEMENT OF FACTS INSUPPORT OF eee, at eee * Trial Court of Massachusetts | 4.0F 3. | District Court Department APPLICATION FOR CRIMINAL COMPLAINT | e0uRT VISION i: ‘The undersigned alleges the following as a (| full or statement Easter Hampshire Distt Ct ofthe factual basis forthe offense(s) for which a criminal complaint is sought. | Re Cee (99911964 of Amherst, Massachusetts did On Wednesday July 22, 2016 at approximately 1757 hours Kathleen S. Brennan operate a motor vehicle upon a public way within the town of Amherst while under the influence of intoxicating liquor. Ms. Brennan was identified as the operator of a red Lexus RX300 bearing Massachusetts registration RST688 when that vehicle was encountered in the intersections of Wildflower and Larkspur Drives. The purpose of the encounter was for a wellbeing check as a report had been made to the police about a motorist passed out at the wheel. For the purposes of this report it should be known that Wildflower and Larkspur Drives are owned by the town of Amherst and Maintained by the Department of Public Works. These ways are paved, kit by public sources and have traffic control signs. Both roads are public ways within the town ofAmherst. When Ms. Brennan was contacted observations consistent with alcohol consumption were observed. The observations were, but are not limited to, slurred speech, bloodshot and glassy eyes and an odor of an alcoholic beverage. An attempt to administer the standardized field sobriety battery was made and the result of the tests administered indicated impairment. The battery was terminated for her safety as Ms. Brennan did fall over. At the completion of the investigation conducted both Officer Dominik Corsetti and | had formed the opinion that (Use actionalshosts i necessary) DATE SIGNED apalis TAN 1B LAW ENFORCENENT OFFICER | 1 cIVLAN COMPLANANT OR WrTNESS | PRINTED NAME Maclean, Richard| Ms. Brennan had operated a motor vehicle upon a public way while under the influence of intoxicating liquor. She | had done so with both a diminished capacity to operate as well as with a statutorily prohibited blood alcohol | concentration. Her reflexes, judgment and mental clarity had all been lessened by his consumption of alcohol. Ms. Brennan was placed under arrest for OU! Liquor pursuant to GL c90§24/J, Arreview of Ms. Brennan's criminal record was conducted and it was learned that she had a prior conviction for OU! out of Eastern Hampshire District Court. Docket # 1498CR001966B adjudicated with a CWOF. The charge was then “COPY. the purse belonging to Ms. Brennan which was located on the amended to OUI Liquor Second Offense pursuant to c90§24/K. ‘An opened 500ML box of chardonnay wine was located front seat_As Ms. Brennan possessed an open alcoholic beverage inside her personal vehicle she will additionally jner of Alcohol in a Motor Vehicle pursuant to GL c90§24/l 2e charged with one count of Possess and Open C As Ms. Brennan had operated a motor vehicle upon a public way after consuming alcohol to the degree that she passed out behind the wheel and had an open container of alcohol in the vehicle so that the safety of the public may have been in danger she shall be charged with one count of Negligent Operation of a Motor Vehicle to Endanger pursuant _ to GL c90§24/E. 5 Abreath test was consented to but Ms. Brennan repeatedly refused to comply with procedures. Ultimately the test was deemed a refusal. Maclean, Richard x = Bo "| Bi LAW ENFORCEMENT OFFICER 75 [>| 71 Picniicartanron ieee PM ae eT Filed Ul 23 2015 _ Easton Hampshire