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FIRST ON 3: Driver who crashed into Dairy Queen has 4 DWIs already

READ MORE: FIRST ON 3: Driver who crashed into Dairy Queen has 4 DWI's already
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WILMINGTON (WWAY) - A man is behind bars tonight after allegedly running an SUV into the Dairy Queen on Oleander Drive Friday night. Isaisas Martinez-Garcia pleaded not guilty at his first appearance today in New Hanover County Court, but a judge upped his bond from $30,000 to $100,000 to ensure the safety of our community. The suspect is already a habitual drunk driver.

Around 11:30 Friday night two customers were standing in line at the Dairy Queen when Wilmington police say 28-year-old Martinez-Garcia crashed an into the building. The man and woman managed to jump out of the way, but the woman was taken to the hospital because shattered glass flew into her eyes.

Martinez-Garcia was not hurt. He's charged with driving while impaired, habitual impaired driving and driving with a revoked license. This is not Martinez-Garcia's first run-in with the law. He has an extensive criminal background dating back to May 2002 when he got his first DWI.

"It concerns me that he hasn't been punished harshly enough," assistant DA Jon David said. "We have to deal with certain guidelines that are in place that our legislature sets, and unfortunately, this is a person that's been convicted before of habitual impaired driving and is now back out."

Martinez-Garcia blew a .08 blood alcohol level during that 2002 stop and was driving without a license. He had an open container and was driving after consuming while under the age of 21.

He got his second DWI in August 2005, again driving without a license, with a blood alcohol content level of .21. He went to jail for 60 days and got 12 months probation.

In November 2006 he was charged with possession of cocaine. The charge was dropped, but he spent 45 days in jail on a drug paraphernalia charge and got 24 months probation.

In August 2007 he was charged with driving without a license again and resisting a public officer, but both charges were dismissed.

Martinez-Garcia still had a revoked license when got his third DWI in August 2007. That conviction sent him to jail for one year.

"Our legislature has recognized that in appropriate cases, DWI drivers represent a clear and present danger to our community," David said. "So if you've been convicted in the past of a DWI, we can make you a felon after your third DWI."

Martinez-Garcia did not receive felony charges until his fourth DWI in April 2008, which landed him 12 to 15 months in jail for habitual impaired driving.

Investigators have sent Martinez-Garcia's paperwork to Immigration and Customs Enforcement, but neither Wilmington Police nor the New Hanover County Sheriff's Office can tell us if Martinez-Garcia is in the country legally.

His next court date is June 3.

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

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Stunned

Why is he even still in the country? He is an ILLEGAL ALIEN. He doesn't belong here, and this type of incident is exactly what our president and all of our government officials should be considering when faulting Arizona for being pro-active about protecting their citizens. NEWS FLASH: LEGAL AMERICAN CITIZENS DONT WANT ILLEGAL ALIENS HERE. If our government is operating as our constitution says it should, it is for the people and by the people. But, the current government is ignoring the people! They should all be voted out of office. NCDMV, I beg of you, stop issuing drivers licenses to illegal aliens using fake social security cards. How hard is it to verify a SSN? Not very, I assure you. I personally know someone who's wife was killed by a hit and run illegal. Guess what? they had the license plate #, but the name on the registration and DL was an alias. The address didn't exist. THEY DON'T CARE ABOUT US, SO STOP CARING ABOUT THEM! There is a way to become legal citizens, if they will not go through this process, they have no right to be here. Their money goes back to mexico, very, very little of it stays in our community- no matter whay the government and press would like for you to believe. Heck, just charge them all $5000.00 and make them citizens. Just make sure you know who they really are and where they are really from. Isn't that the responsible thing to do as a govenment to protect it's citizens? Every traffic stop of an obviously (accent) non-native american should result in a verification of citizenship, and deportation on the spot if they are determined to be here illegally. No phone call, no court date. Just go home.

best way to stop illegal immigrants

Seems to me if we want the illegal immigrants to stop coming to our country, maybe all of the people who hire them under the table and give them jobs SHOULD STOP DOING THIS. If there are no jobs here, they won't be as likely to come, because there will be no money to send back home.

If you know somebody who hires ILLEGAL IMMIGRANTS, then stop patranizing their business. Tell them they are part of the problems of illegal immigration, and you are trying to do your part to help find a solution.

If you choose to hire these people, or knowingly hire companies that hire illegals, you are part of the problem as well. We can all start to do our part to try to fix this problem, by not allowing business owners to break the law.

The problem is that the business who hire illegals are more interested in making money for themselves by hiring cheap labor. They could care less that what they are illegally doing is bringing our wonderful country into a downward spiral.

You can blame the government all you want, but if the American business owners would stop hiring them, chances are there wouldn't be so many of them here now. It's been going on for decades now.

Actions speak louder then hateful words. So if you can't put your money where your mouth is, then you are also part of the problem.

STOP HIRING THEM AND STOP BUYING FROM BUSINESS THAT HIRE THEM.

dairy queen crash

Yeah you can take his Illegal License, but he still has keys!!!!! Yeah keys to the car!! Lock him up better yet send home he is here ILLEGAL!!!!! DO YOU KNOW WHAT THAT MEANS?????

How

could he not only gain 4 DWI convictions and slip through the system, but he has a drivers license? How can that be?

How could he purchase a vehicle and get insurance? At least one assumes he had insurance long enough to get a license plate.

So we can assume he will do some time and then be deported back to his homeland unless some bleeding hearts want to grant him amnesty because in his unique case, he must have extenuating circumstances.

Go to his employer; check out his employment records. Did the employer do all that is reasonable to determine his eligibility to be in this country?

In the 19th Century, it was common practice to execute deserters from military service or brand a "D" on their cheek so all would know what they had done.

I guess a couple of "I" tattooed in a visible spot would be too mush?? How about a lifetime ankle monitor which would go off in the event he tried to return to our country after deportation>

Multiple DWI/DUI's

I have no sympathy for this idiot. They should give him at least an extended tenure at the Gray Bar Hotel..plus deport him back where he resides. I believe that everyone should have an opportunity for the American Dream but do it the right way!

This should be put on the national wires

There is no finer example of why EVERY state should enact a law exactly the same as Arizona's.

It should also serve as a wake-up call to the people of North Carolina to demand that the state legislature fix our laughable DWI laws.

DEPORT HIM

Nothing else needs to be said! Deport his a**... Send him back to where he came from! The new Arizona Law needs to be a Nation Wide law through-out the US!

This is OUR COUNTRY, we pay taxes, social security, HC, etc they come here illegally and expect us to bow down to them!

TIME TO KICK THEM IN THE A** AND NOT LET THEM BACK!

In Reply

In reply to everyone on here. I agree with some but not others. I HATE ILLEGAL immigrants, as I am from Holden Beach NC and I was stationed in El Paso TX so I know what everyone is saying. I despise it as much or more than most. I will say however that #1, He shouls definately do jail time and never be allowed to have a license again, and #2, no one knows for sure yet, if he is illegal or not. Hispanics US born or not take their last names hyphenated traditionally, usually so that doesnt reflect his true nationality. Don't be judgemental to him being illegal when YOU DON"T KNOW... If he is, I agree with the tracking chip and sending his a** back home or CUBA. LOL. But for right now he's just a stupid a** repeat offender. And I am White, not hispanic by the way.....

Time to get serious

This will be his fifth DWI.

He needs to go to prison for the next ten or twenty years. This guy is no different than an armed robber who keeps shoving a gun in shopkeepers' faces - you know that sooner or later, someone is going to get killed.

The state has a legal and moral obligation to protect the citizens. His immigration status is incosequential - he is a dangerous threat and needs to be put away for a long time.

Was there ever a rehab order set by the judges

Wondering..in all those convictions, did anyone send him to rehab to stop drinking?? might have been the 1st step in reform of this guy??

WWAY reporting

WWAY, please explain why the Wilmington Police nor the New Hanover County Sheriff's Office can tell us if Martinez-Garcia is in the country legally. Do your job and report the WHY??? Don't be scared. Even if it does provide additional justification for stricter enforcement of our immigration laws.

There should be no reason

There should be no reason why a city, county, state or federal level of law enforcement can not send illegal immigrants back to whichever country they came from. We have seen that taxes are not being paid, benefits are being taken and all levels of jobs are being taken which some send that money back to their families. Why do we let these things happen? It's not just the multiple DWI/DUI's that immigrants as well as other people get arrested for. Even spending one day in jail is taxpayer money.

Why not create a tent city and anyone with multiple DWI/DUI offenses get sent to that tent city? Then have another one for illegal immigrants to sit until they can be deported? It kills me where people complain that offenders of our laws are not treated fair at times, how about the rest of us who do pay our taxes and obey the laws?

Tent city? Please tell me

Tent city? Please tell me your kidding. The ACLU lawsuits would drive the county broke. How are we gonna pay to build and staff this tent city? We are struggling to keep the basic city and county functions afloat and were talking tent cities. Stop it.

Well I guarantee that a Tent

Well I guarantee that a Tent City for habitual offenders of DWI/DUI, Larcenies, etc... would be a better deterent then just giving them a small fine and a smack on the hand, also with the over crowding of jails, a Tent City would be alot cheaper to develope and cost 20% of a new jail building. I think if someone were to have to live in a tent city for a couple of weeks with no cable tv, no air conditioning but actually have to server time, it is a little better deterent then now. I read on here where a lady has been caught shoplifting 11 times since 1984 and she has spent 30 days maximum in jail at one time due to over crowding, do you think there is a problem there?

Seems simple enough...

What part of "illegal" don't folks get?

White man response

My great grandfather came from Poland , one of the nation's that were oppressed by Nazi occupation , and settled in the Castle Hayne area . We were one of the first Catholic families in this area.It was more than signing your name and gaining entry. He suffered a lot of grief during this time. He was legally permitted by the U.S government for legal entry. His great grandchildren all became college educated adults who are making a productive contribution to American society unlike the illegal infiltrators. Black people are not the only people who have ever been discriminated against. The Poles and the Jews suffered severe stereotypes and injustices.Many people did not like Catholics upon his arrival in the states. You are confirmation, Wilmington MAJ , that the black community is one of the most racist groups in our area.The NAACP is a prime example. You are the one that needs an education.

TAG them

I had made the suggestion years ago but no one seemed to take it seriously.

ANYONE WITH A DWI OFFENSE SHOULD HAVE THEIR LICENSE TAG PREFIXED WITH....DWI. For example: DWI-001.

If sex offenders have to identify themselves publicly so should the DWI offenders. Sad part about this whole suggestion is knowing the fact of them being on the road. But that's where the judicial system seems to put them.

Theory: putting a drunk driver back on the streets is like handing a murderer their gun back with their street clothes when released.

DMV if you're reading....please start issuing these tags.

I like this suggestion ALOT!

I like this suggestion ALOT!

Arizona Law and Order needed

If the state of N.C had the courage and political will they would adopt provisions similar to the one in AZ and this chronic offender would have his shipping papers stamped and be on his way southbound. There is definitive evidence that these illegal infiltrators are a burden on our society. Arizona is leading the way for us to all follow.My great- grandfather was an immigrant from Eastern Europe and he followed the immigration laws at the time. He learned the language and assimilated into the American culture . These illegals today are flagrant violators who are raping this country without giving back. They do not have my respect and compassion for their plight ! They do not respect our laws. They already have free health care ,public education and subsistence benefits that we as legal citizens work hard for. Shame on our dysfunctional government and judicial system for allowing American citizens to subsidize their lifestyles.

and lets set up concentration camps while we are at?

one of the most stupidest ideas ever came across this board..you are ideolizing hitler ways when you are walking up to people and asking them "I need to see your papers"..while we at it, lets do it for everyone..because there are some illegal caucasions here too..see how you would like it then..

They can see my papers anytime!!!

And I welcome it!!! I am legal, have nothing to hide, have a spotlessly clean criminal record and have paid my damned taxes, social security, medicare, education AND health insurance premiums in full for the past 40 years! Nobody is idolizing Hitler you idiot, we're simply enforcing the existing Federal laws in an effort to keep the illagal, money sucking leaches out of our country. YOU WANT TO COME HERE, THEN DO IT BY THE FEDERAL LAWS! Nobody will have a problem with that!

Please observe the following Einstein and memorize it well before YOU accuse a US citizen of being a nazi sympathizer!!!

Immigration Law:
LET ME SEE IF I GOT THIS RIGHT……..

IF YOU CROSS THE NORTH KOREAN BORDER ILLEGALLY YOU GET 12 YEARS HARD LABOR

IF YOU CROSS THE IRANIAN BORDER ILLEGALLY YOU ARE DETAINED INDEFINITELY.

IF YOU CROSS THE AFGHAN BORDER ILLEGALLY, YOU GET SHOT.

IF YOU CROSS THE SAUDI ARABIAN BORDER ILLEGALLY YOU WILL BE JAILED.

IF YOU CROSS THE CHINESE BORDER ILLEGALLY YOU MAY NEVER BE HEARD FROM AGAIN.

IF YOU CROSS THE VENEZUELAN BORDER ILLEGALLY YOU WILL BE BRANDED A SPY AND YOUR FATE WILL BE SEALED.

IF YOU CROSS THE CUBAN BORDER ILLEGALLY YOU WILL BE THROWN INTO POLITICAL PRISON TO ROT.

IF YOU CROSS THE U.S. BORDER ILLEGALLY YOU GET

1 - A JOB,
2 - A DRIVERS LICENSE,
3 - SOCIAL SECURITY CARD,
4 - WELFARE,
5 - FOOD STAMPS,
6 - CREDIT CARDS,
7 - SUBSIDIZED RENT OR A LOAN TO BUY A HOUSE,
8 - FREE EDUCATION,
9 - FREE HEALTH CARE,
10 - A LOBBYIST IN WASHINGTON
11 - BILLIONS OF DOLLARS WORTH OF PUBLIC DOCUMENTS PRINTED IN YOUR LANGUAGE
12 - AND THE RIGHT TO CARRY YOUR COUNTRY'S FLAG WHILE YOU PROTEST THAT YOU DON'T GET ENOUGH RESPECT

I JUST WANTED TO MAKE SURE I HAD A FIRM GRASP ON THE SITUATION. NOW, HOPEFULLY YOU DO!!!

Nicely said!! It's time for

Nicely said!!

It's time for Americans to stand up. We need to ENFORCE the laws our Government refuses to. They are called Illegal immigrants for a reason. They are BREAKING our laws.

Stop lying

The Arizona law in no way allows officers to approach a person and ask "to see their papers."

The Arizona law simply authorizes an officer to inquire about legal status if they come in contact with a person for a valid law enforcement purpose and have reason to believe they may be here illegally. Victim, suspect, witness...there has to be a pre-existing justification for speaking with the person.

For example, when you stop a car that ran a stop sign and find ten guys who can't speak English, you can ask to see their identification....

....EXACTLY as the Border Patrol does 24x7 on I-5 North of San Diego.

So READ THE LAW and stop listening to the Socialists who want to destroy this nation.

Ughh

Most likely spoken by a white "middle-class" american living on food-stamps. Is that you Adolf? If you had any sense of historical fact, you'd know that immigration laws in the time of your great-grandfather essentially entailed showing up and writing down your name. Thats pretty much it.

Ugh?

I am a middle class white American, I work for a living and always have. I have served my country for the last 22 years and still continue to do so proudly. When our great-grandparents came to America, they did not ask us to change our ways. They came here because they liked our ways. You know as well as I do, that is no longer the case. Now they come here and demand that public buildings take down the Christmas trees, it offends them, and they demand that we remove anything that offends them from their sight. They are no longer willing to accept our country for what it is; they want us to change to suit them. A little change here, just a few more over there, and before you know it we don't even recognize our own home. I have no problems with someone in this country the legal way, but if you are not here legally, then please leave, or get right. It doesn't make me a Nazi, a hater, a racist or anything else you wish to tag me with. I want my children to grow up in America. Not a watered down version of what once was. You don't have to believe in God, but respect the fact that others do. The United States I grew up in was not afraid to fly the colors, nor were they afraid to show their beliefs. I am tired of our country being afraid. Afraid to offend outsiders, so they ask us to change our ways. Enough already. Get it right before we have nothing left to get right.

Such a dirty mouth....

...and spouting off nasty things like that. It appears you have a bit of a memory lapse regarding immigration. Perhaps it is simply a fundamental lack of knowledge. In the olden days of immigration, it took much more than just showing up. So, That's pretty much NOT it as you state. A pledge was taken, English was spoken and they weren't able to SUCK off the American benefits until they became American citizens. It did not "just happen" with a lick and a promise as you preceive, so go back and read your history books, memorize this time. Also, we needed immigrants then, not necessarily the case now.

So tell me, what is it about illegal aliens entering this country, receiving free health care, free social security, paying ZERO income taxes, ZERO property taxes, farming babies at the expense of the American people, driving around without insurance that drives YOU to refer to this poster as a "food stamp" recipient and a "nazi"?

We have rules and laws in this country that explicitely dictate how you enter and how to become a citizen. Doing otherwise is illegal and is bankrupting this country. There are rules is Mexico about how you will enter and live there. I dare you to go there and violate them!!! Our leaders are having difficulty in enforcing these laws and are having even more difficulty with overrun budgets, so our city, county, state and federal taxes are going slam out of sight!
If you want to be an American, do it the right way and pay your share. I don't have a problem with that. I do have a problem with paying 25,000.00 in taxes last year and driving a 10 yr old car, while ol' Hernandez sports a brand new Ford Dually with his name scrawled all over the back window and paid ZERO in taxes!

As far as I'm concerned, you earn the "Adolph" title hands down. This country and it's citizens simply cannot afford to support non-contributors. We already have enough criminals and certainly don't need more of those!!!

Here sre a couple links of

Here sre a couple links of interest about our friends from South of the Border, no, not the rest stop on 95:

http://www.americanthinker.com/2010/05/is_america_conquered_when_the.htm...

http://www.washingtonexaminer.com/opinion/columns/How-Mexico-treats-its-...

I'm sorry that I can't get get the links to work directly.... you can copy and paste to open in a new window.

Sheriff Arpaio is stepping up....

...and doing what our nation leaders should have been doing 20 years ago!!! For the life of me, I cannot figure out WHY nothing has been done to stop the influx of illegals in this country. I don't mind if they come, just come legally and pay your own AMERCAN WAY!

Sheriff Arpaio's tent city jail should also be a model! Pink undies, baloney sandwiches, no coffee, no cigs, no comforts. Why is it that Sheriff Arpaio has to stand alone?

Nepotism

Ben
where are the ETHICS,moral high standards, nepotism policy? Twin brother,assistant DA Jon David, no wonder the Williams (ABC Commissioner et al) where your role models. That is why you could not go after them for fear of political retribution for your own sins. Ben you need to go with the rest of the "good old boy "network

ICE

I don't understand why no one checked to see if he was in this country legally back in 2002. In 2005 when he went to jail we paid for his jail time WHY ??? If he was in this country illegally he should have been sent back to his country. When is this country going to wake up and start protecting it's citizens?? Are we going to wait until he kills someone ??

Someone in New Hanover County has dropped the ball..