On October 23, 2017, I, Officer Tim Van Nostrand, was on duty and assigned to uniform patrol in marked cruiser East 3.  At approximately 7:37pm, I was dispatched to the area of Walnut St and Highland Ave for a motor vehicle accident.

Upon arrival, I located MA commercial XXXXX, disabled in front of 75 Walnut St.  This box truck had significant damage to the undercarriage and rear drive assembly.  Parked in front of 73 Walnut St was MA XXXXX, a white Ford Edge which sustained heavy damage to the driver’s side quarter panel, and front tire as well as the assembly for the wheel.  Parked in front of 75 Walnut St was MA XXXXX which also sustained heavy driver’s side damage.

Numerous bystanders pointed to a white male standing on the sidewalk as the operator of the box truck.  This male was subsequently identified as Bela Pakular.  I asked Pakular if he needed medical attention, to which he declined.  I asked Pakular if he was operating the box truck, to which he acknowledged.  While speaking with Pakular, he was swaying from side to side, and stumbling around.  I asked Pakular for his license and registration, which he provided, but not without difficulty.  Pakular searched slowly through his pockets until he located his license.  He attempted to enter the passenger side of the truck, and stumbled almost falling out into the street.  Once inside the truck, he slowly looked through loose papers, finally locating the registration.  At this point I noticed his eyes to be extremely glossy and bloodshot, I could smell the odor of an alcoholic beverage emanating from his breath, and he was slurring his words.  Pakular admitted to consuming a few beers and a shot earlier.  Due to fear he would fall and injure himself, I asked Pakular to sit down in front of my cruiser.

I radioed for assistance, and Officer Devin Schneider (East 1) responded.  Officer Schneider is a certified ARIDE officer, and he performed field sobriety testing.  The facts regarding the testing can be found in Officer Schneider’s report.

While tests were being performed, I spoke with the passenger, who identified himself as YYYYY.  YYYYY stated he and Pakular work for ZZZZZ in Cambridge.  YYYYY stated they worked all day, and stopped for drinks at a Chili’s restaurant.  At the restaurant, YYYYY stated he and Pakular consumed “a few pints of beer, and a shot”.  Inside the truck nips of alcohol were located, as well as a bottle cap for Sierra Nevada Pale Ale.  Five out of the six pack of Sierra Nevada Pale Ale was located under the rear bumper of a parked car next to the disabled truck.  YYYYY admitted he attempted to hide the beer from the police.  YYYYY also admitted to Pakular and himself consuming the alcohol inside the passenger compartment of the truck.  Officer Chris Fusco (East 4) photographed the alcohol located inside the truck, as well as the beer located on the street.

I allowed YYYYY to gather his belongings and leave the scene.  I returned to Pakular, where Officer Schneider informed me that Pakular had failed his testing, and the opinion was formed that Pakular was intoxicated.

I placed Pakular under arrest for operating under the influence of alcohol (90/24/J), and negligent operation of a motor vehicle (90/24/E).  Citation #T0400702 was issued to Pakular, as well as two copies of an information exchange forms.  The owners of both parked vehicles were located and provided the information to file a crash report.

Pakular was transported to the station by Officer Rob Hartsgrove in unit 200, where he was booked in the usual manner by Lt. W. Rymill.  Pakular was afforded his rights pursuant to OUI.  Pakular refused to take a breathalyzer test, and a refusal was entered by Officer Joseph Rivera.

Respectfully submitted,

Officer Tim Van Nostrand

#293

Somerville Police Dept.