This man is the gift that keeps giving to legal bloggers. Seriously though, his consistency is remarkable. We just covered the extensive track record of Anderson Sotomayor yesterday. Today, just four days after his last arrest for DUI,Sotomayor, 45, of Vineland, NJ, got popped AGAIN.
For those keeping score, that's five DUIs in five weeks and six total traffic arrests since the beginning of April, including an alleged hit and run of a school bus that was unloading children.
Who is going to be the lucky attorney who gets to represent this guy? 'Ummm, Your Honor, the officers didn't have probable cause for the third arrest and the sixth confession was coerced but the second one was okay, but the first hit and run wasn't him ..."
According to the Press of Atlantic City, Sotomayor was arrested again today after a concerned citizen noticed his impaired driving and called it in. Police arrived at around noon to find him “weaving in the lane of travel.”
They again found an open container of alcohol in his car, and he allegedly admitted this time to taking Oxycodone without a prescription. He did, however, refuse to take a breathalyzer.
Refusal results in a license suspension, which Sotomayor is already facing for the other four DUIs and the hit and run. Refusal, in this case, might have been a wise legal maneuver, both for his drunk driving case and his drugged driving case.
New Jersey’s drugged driving laws are actually quite fascinating from a legal perspective. The New Jersey implied consent law only seems to reference alcohol, which means that those who are suspected of drugged driving can possibly refuse a drug test and not face a license suspension.
For Sotomayor, he isn’t that legally clever, as he admitted to using a narcotic without a prescription, which combined with his alleged weaving, might be enough to convict him of that fifth DUI, even without a breath or blood test.
Thanks to the Post, more details have emerged on his past driving record as well. He received his license in 1985, his first DUI in 1989 and his second in Atlantic City in 1992. His license has been suspended 23 times since that 1989 DUI. He's only had his license back since December.
More information on his psychological state is also available. According to reports, Sotomayor’s wife left him recently and he had his leg amputated a few months ago. Though that doesn't excuse his behavior, it certainly sheds some light on it.
The reason he was out roaming the streets this week was because New Jersey law does not allow judges to hold offenders on bail for motor vehicle violations. As we mentioned before, New Jersey also lacks a felony DUI statute.
However, thanks to today's admission of using drugs without a prescription, Anderson Sotomayor is finally locked up and off the road. His bail is set at $10,000 cash.