By Alan Burke
MARBLEHEAD — A fender bender earlier this month has landed The Landing Restaurant right in the soup.
The selectmen have summoned the popular eatery's management to a hearing on Dec. 9, following a Nov. 9 incident where police believe a customer, Donald Mark Felt of Salem, was "overserved," resulting in an auto accident later that afternoon.
It was Felt's third drunken-driving charge, and he was released on $500 bail at Lynn District Court but with several restrictions, including the suspension of his right to drive. After colliding with a Honda Accord at the intersection of Front Street and Dock Ledge, police were called by one of the drivers, who said, "A gentleman smacked into me, and I think he's drunk."
Felt was observed by Patrolman Michael Everett as stumbling. Felt also had grass stains on his left elbow, and he was slurring his speech.
Everett asked Felt to perform a field sobriety test. "I began conducting the test, and Mr. Felt continued to move his head and not follow directions." At another point, Felt said he could not do the test because of back and leg issues.
A second officer repeated the tests. "I deemed based upon my observations and Mr. Felt's statements," Everett wrote, "that he was under the influence of alcohol."
Felt told the police he'd had two vodka tonics at The Landing. Yet, after his arrest, the Breathlyzer measured .3, nearly four times the legal limit of .08.
"There may have been more than two drinks involved," said Town Counsel Jeff Shribman, who will represent the town at the hearing. At issue will be The Landing's liquor license.
Following a dangerousness hearing, Felt was restricted to a 9 p.m. curfew and required to undergo random drug and alcohol tests. He must also report to the probation department twice a week.
Police Sgt. Donald Decker interviewed Peter Natoloa, The Landing bartender who was on duty the day in question. Natoloa confirmed that Felt had been there on the day of the accident. According to Decker's report, Natoloa believed "that Felt had two or three glasses of wine in an approximately two-hour time period. He seemed OK and did not cause any problems."
Management at The Landing did not respond to inquiries regarding this story.
