Joshua Malatino, the former driver of a Sno Kone Joe ice cream truck, was arrested Thursday morning on charges that include driving while intoxicated.
Gloversville police stopped Malatino near East Pine and South Main streets for a traffic violation.
When the arresting officer approached the vehicle he detected the scent of alcohol on Malatino’s breath and asked him to perform several field sobriety tests, police said.
Malatino failed the field sobriety tests and was taken into custody. He was transported to the police station, where a breathalizer test showed he had a blood alcohol content of .12 percent, police said. The legal blood alcohol concentration limit is .08 percent.
Malatino, 35, was charged with driving while intoxicated, driving with a blood alcohol content over 0.08 percent and passing a flashing red light.
Malatino was released with tickets to appear in City Court on July 21.
Last year Malatino engaged in a turf-war with Phil Hollister, the driver of a Mr. Ding-A-Ling ice cream truck. Malatino was accused of trying to steal customers from Hollister.
Police said Malatino called the Mr. Ding-A-Ling headquarters in Latham and told them “I own this town” and then said that his “business controls the ice cream sales market in the city of Gloversville.”
Hollister was also arrested on drunk driving charges last year.
He was operating the ice cream truck when he was arrested.
Gloversville officials stripped Malatino and Hollister of their vendors licenses to sell ice cream.
This prompted Malatino to file a lawsuit against the city.
The state Supreme Court ruled last June that the city acted appropriately in revoking Malatino’s license.
In July of last year, Gloversville Mayor Dayton King approved a permit for Briar Rose, a Gloversville resident, to begin operation of one of the two Sno Kone Joe trucks.