Cumberland County Man Arrested for 6th DWI Offense
Anderson Sotomayor of Vineland, Cumberland County was arrested Thursday Night by the Vineland Police and charged with DWI. The police spotted Sotomayor tossing bottles and cans of alcohol out of his car near 7th and Chestnut Streets in Vineland. This makes six DWI arrests for Sotomayor within the past few months.
A police car was traveling behind Sotomayor and observed him discarding objects out of the car which they later found to be alcoholic beverages. The officers removed him from the car and he was found to be intoxicated again. He was placed under arrest and brought to the Vineland Police Station. At the police station he refused to take the breath test. Superior Court Judge Swift revoked his previous bail based on his failure to remain law abiding. He is currently being held in the Cumberland County Jail without bail.
Sotomayor was previously arrested for drunk driving on April 9, April 11, April 25, May 12 and May 16, all in 2012.
The DWI/DUI law in New Jersey under N.J.S.A. 39:4-50 is well settled that driving while intoxicated, even for a third or more offense sets a maximum permissible jail sentence of 180 days. Frequently, individuals who are charged with a third or more drunk driving offense will also be charged with other serious motor vehicle offenses which may require the imposition of jail sentences. For example, it is not unusual for a defendant who is operating a motor vehicle while intoxicated as a third or more offender also to be on the revoke list or to be operating a motor vehicle without the benefit of liability insurance. Each of these latter offenses requires the imposition of a jail sentence for convictions beyond a first offense. In addition, disorderly persons charges may also be pending against the defendant which are companion to his or her drunk driving case. All the jail sentences involved for these types of offenses, whether mandatory or discretionary, will have the potential for exposing the defendant to more than 180 days incarceration.
Contact the Law Offices of John W. Tumelty if you have any questions about DWI defense.
Visit our website at www.tumeltylaw.com