By Shereen Siewert
A man who had drugs in his system when he was arrested in the parking lot of a Wausau-area tavern will spend time in prison after being convicted of operating under the influence of a controlled substance, his seventh offense.
Larry Martinez, 59, was arrested in December 2018 and initially faced charges of sixth-offense operating while intoxicated, possession of methamphetamine and possession of an illegally-obtained prescription in connection with the arrest, which happened after a bartender at Brokaw Corners called police to report two men acting suspiciously in the parking lot. A passenger in the vehicle was also arrested on drug charges.
A jury trial would have started this week, but on Monday Martinez pleaded no contest to the amended charge and was convicted.
According to the criminal complaint, police arrived at about 10 p.m. in the parking lot, 238532 Hwy. W, and discovered the men “pacing” around a red Ford Explorer with a generator running in the back of the vehicle. The passenger told police the two were en route to Rhinelander and were having car trouble.
But police became suspicious when Martinez began acting restless, speaking rapidly and repeatedly “lifting one foot off the ground and then the other,” according to the complaint. The arresting officer also reported prior contacts with the passenger in the vehicle, which led him to suspect the possibility of drug involvement.
A K-9 search of the vehicle turned up hydromorphone and oxycodone pills and police discovered a substance in Martinez’ wallet that later tested positive for methamphetamine, according to the complaint. A preliminary breath test showed Martinez, who allegedly failed field sobriety tests, did not have alcohol in his system, but chemical tests of his blood revealed drugs in his system.
Court records show Martinez was previously convicted of OWI in 2004, twice in 2006, again in 2007 and again in 2012.
On Monday, Circuit Judge Mike Moran sentenced Martinez to 3 1/2 years in prison followed by four years of extended supervision. His driving privileges are revoked for three years.
