On Sunday, December 13th, 2015 at approximately 3:57 a.m., I, Officer Goncalves, while in full uniform and assigned to area East 4, was dispatched to the area of Temple St. and Derby St. for a motor vehicle accident. Officer Beckford (East 1) and Officer Khoury (East 3) also responded.
Upon my arrival I was met with the reporting party, off duty Somerville Police Officer Martinez. Officer Martinez stated that he witnessed a 2000 Black Honda Civic driving erratically on Temple St. The vehicle was swaying back and forth through marked lanes. He then witnessed the vehicle strike two parked motor vehicles at the corner of Temple St. and Derby St. (a public way).
The owner and operator of the 2000 Black Honda Civic was later identified as Mr. Timothy Cung. I approached Mr. Cung’s vehicle and directed him out of the driver’s seat. Officer Martinez removed the keys from the ignition.
I could immediately smell a strong odor of an alcoholic beverage emanating from Mr. Cung’s person and vehicle. Mr. Cung’s eyes appeared glassy and blood shot. I noticed that there was blood on Mr. Cung’s jeans and asked him if he was bleeding, he showed me that his left hand had minor scrapes and scratches. I also noticed that Mr. Cung’s head had made contact with the front windshield of his vehicle. I offered Mr. Cung medical attention to which he accepted. Somerville Fire Department and Cataldo Ambulance arrived on scene and evaluated Mr. Cung’s injuries; he refused to be transported to the hospital.
I asked Mr. Cung to perform field sobriety tests, but he declined stating “I wouldn’t pass any tests.” Based on the above information as well Officer’s observations, I believed Mr. Cung to be under the influence of alcohol. At this time, I placed him under arrest for the violation of M.G.L c90 s24 Operating under the Influence of Liquor 2nd Offense and issued him Massachusetts Uniform Citation #R6878838 for this offense.
Mr. Cung was transported to Somerville Police Headquarters in Marked Wagon 200 operated by Officer Dervishian. He was booked in the usual manner by Lt. Lavey and read his rights. During the booking process, Mr. Cung was offered the opportunity to perform an alcohol breath test, but refused.
Officer C. Goncalves, #314