Dover man charged with 4th offense DUI

DOVER — A 33-year-old Dover man was charged with felony drunken driving after allegedly seen driving erratically and crashing into a curb in an elementary school parking lot on Sept. 13, city police said in a probable cause affidavit.

Elmer A. Garcia was arrested Tuesday, court documents said, and faces a fourth offense driving under the influence of alcohol count and inattentive driving violation for the alleged incident at South Dover Elementary School at 955 S. State Street. Children were present in the parking lot during the sequence at approximately 4:30 p.m., papers indicated.

The first officer to the scene was pointed to a black sedan parked sideways in a parking space, documents said, and the officer pulled his vehicle behind a black Mazda 3. The officer contacted the driver who was alone in the vehicle, police said.

A police vehicle’s emergency lights were activated, the officer said, and the Mazda began to travel westbound before noticing law enforcement and stopping shortly afterward.

“Multiple empty alcoholic beverage containers, and two unopened alcohol beverages were in the passenger floorboard,” a police officer wrote in the affidavit’s narrative.

“Operator Garcia was slurring his words, and appeared to be highly intoxicated.”

Mr. Garcia turned off the vehicle at the police officer’s request, documents said. The officer contacted the driver, who spoke “very limited English,” according to papers.

The driver appeared to be under the influence of alcohol, the affidavit stated, and a police attempt to conduct field sobriety tests had “negative results.”

Mr. Garcia’s wife said he “was paralyzed but would not give any further information. Operator Garcia began to become argumentative and combative saying get me out.

“Operator Garcia was removed from the vehicle and taken into custody, and transported to Kent General Hospital by ambulance.”

A blood search warrant was obtained from Justice of the Peace Court 7 in Dover, police said, and a sample was obtained at approximately 6:29 p.m.

According to police, Mr. Garcia was found guilty of DUI on April 29, 2018, April 2, 2012 and December 3, 2007.

Mr. Garcia was presented before Magistrate Ken D. Cox at JP Court 7 and given a $4,000 cash bond that was not immediately posted. He was held by the Delaware Department of Correction and a preliminary hearing was scheduled for Sept. 28.


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