Arrested man’s immigration status prompts questions about his license
by Marcus E. Howard
mhoward@mdjonline.com
August 21, 2011 12:56 AM | 6006 views | 20 20 comments | 21 21 recommendations | email to a friend | print
MARIETTA — A Marietta man is accused of driving drunk with two young children who weren’t wearing seatbelts and with an expired license. Furthermore, he is suspected of being in the country illegally.

The incident raises the question of how did he ever get a valid driver’s license if he’s here illegally?

Silvestre Sierro Garcia, 39, was charged on Aug. 14 by Cobb police with DUI, two counts of DUI child endangerment, two counts of seatbelt violation, improper stopping on roadway, and driving with an expired license, all misdemeanors.

Currently, Garcia is being held on a $5,000 bond in the Cobb County jail. But a hold on his release has been placed by U.S. Immigration and Customs Enforcement.

According to police, Garcia was driving a 1993 Buick Regal at around 12:06 a.m. on Franklin Road in Marietta, when he attempted to avoid a traffic checkpoint near Franklin Court. As officers questioned why he tried to back the car up, they said they smelled a “strong odor” of alcohol on him.

A breath analyzer test and a field sobriety test were then conducted by police.

“The accused did have bloodshot and glassy eyes,” an arrest warrant stated. “He showed positive on the field Alco and six out of six clues on (horizontal gaze nystagmus).”

Toward the end of the police investigation, Garcia reportedly began shaking violently and an ambulance was called to the scene. Blood and urine samples were drawn. Eventually, someone came to pick up his wife and the children who were passengers in the car, according to police.

The two children, ages 4 and 2, had been found by police to be unrestrained in the car’s backseat. It was not certain whether they were Garcia’s children.

Presently, just three states allow illegal immigrants to obtain driver’s licenses: Washington, Utah and New Mexico. In the past 10 years, a dozen states have repealed laws that allowed people to obtain driver’s licenses without proof of immigration status.

In Georgia, an applicant for a state license or ID card is required to prove lawful presence if he or she is not a U.S. citizen, according to the Georgia Department of Driver Services.

“There are many including students, spouses of those that are transferred to work in the state, and those that may be here on a passport or other immigration and naturalization documents,” said Susan Sports, spokeswoman for the state Department of Driver Services.

“In those cases, the license expiration date is tied to their documentation and (they) are not allowed to keep a valid license or ID card if their documentation is not valid.”

Police reported that Garcia’s license expired on Dec. 31, 2010.
Comments
(20)
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Gimme a Break
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August 27, 2011
BNH:

Would you kindly provide a list of the laws you choose to obey? And why do you feel the need to bring religion into the discussion? These people are here illegally - period. And we have immigration laws in place - period.

So, instead of pulling the Christian faith and compassion crap, provide a rational argument why immigration law - as it currently is - does not apply.
Axeman
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August 26, 2011
Hey "bnh" have you ever noticed the only people who ever bring up skin color or race are the supporters of the immigrants such as yourself...give it a rest...that is not the issue...
Retired SO
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August 25, 2011
For those of you who don't know or have forgotten, it was an illegal who took the life of a Cobb County Deputy a few years ago. Deputy Lilly was on his way to work when this illegal drove into Deputy Lilly' s lane of traffic, striking his vehicle head on, forcing it off the road and into power pole. This illegal left the scene, and left Deputy Lilly to die by the side of the road. They later found this illegal "hiding" at his mothers house. And this illegal alien contributed what exactly to our society? Deputy Lilly on the other hand was a 20 year veteran of CCSO and a family man. Let us not forget!! You supporters of illegal aliens fall on deaf hears here.
mellieb50
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August 25, 2011
this is yet another reason why we need to be more strict on the deportation. Why should we feel any compassion for theses illegals? They continually rape our system & we just keep letting it happen. Now our leader is giving them a free pass & they are being let out of prison like rats jumping ship. I say load them up & take them back to the border & shoot them when they try to re enter. We have to get tough.
bnh
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August 24, 2011
So nice to read all your posts with all the misspelled words and incorrect grammar. I wonder how you would respond if these "illegal" people were Swedish or Indian. Ooops. Indians have darker skin, too. Change that to East Asian. Congratulations on your charitable attitude. Sure sounds as though you are Christian from all the love we feel when we read your comments. Congratulations. You really represent the US and your faith well. May you be treated as you treat others.
Axeman
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August 24, 2011
Wow...What a bunch of haters...LOL...Haven't you people been listening to Rich Pellegrino and others of his ilk...these are hard working people who are here to better themselves and THIS country...WE are the beneficiaries of their presence...WE will all suffer immeasurable consequences if they are deported...sheeesh...
Do something
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August 24, 2011
All of you who are complaining, think about who you are voting for at election time. All democrats want illegals here! They won't do anything about illegals and ICE is a joke. We are spending millions to deport the illegals and they are back within three to six months. You can not deport them with out a fence bloacking off Mexico from the USA.
Just Wait
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August 23, 2011
You can buy anything for the right price. Just ask this guy how much he paid to cross the boarder.
anonymous
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August 23, 2011
If you hire illegals - you are part of the problem.

If you smoke pot or do illegal drugs - you are part of the problem.

If you don't pay taxes, you are part of the problem.

If everyone would stop being part of the problem, the problem would go away!
Logical46
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August 23, 2011
Time to escort the driver and his family back over the border.
ItsNoSurprise
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August 22, 2011
and, all immigration does, is the same thing they did with Jessica from KSU...haul them downtown, let them pay a 'cash fee' to stay until a hearing at a later date. don't believe me? check the records...
Good Bye
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August 21, 2011
And I'm supposed to be surprised at this man's actions?

Secure the borders.

Deport all ILLEGALS.
Speedy Gonzalez
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August 21, 2011
An ICE hold is a joke. Obama will just order him released.
123pie
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August 21, 2011
ALSO ASK THEM HOW THEY GOT THER FOOD STAMPS AND FREE EDUCATION FOR THER CHILDREN WHEN THEY ARE ILLEGAL.SENDS THEM ALL BACK TO MEXICO AND LET THERE OWN PEOPLE SUPPORT THEM, NOT ME ,A LEAGLE CITIZEN AND TAX PAYER, I CANT AFFORD THEM!
Pam J
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August 21, 2011
If this guy is here illegally, they need to track down the person who issued his license and fire them. And even if he is here legally, doing what he did with the two kids in the car is a good reason to keep him locked up.
theodore a
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August 21, 2011
no valid license, means no insurance. now all the " what if's " come into play. thank GOD no one was hurt or killed. another drunken illegal on our roads... when are the powers that be going to see the light ?? when one THIER loved ones gets killed i 'spect. georgia is doing all they can ( i guess ) things really need to change on the federal level that's for sure.
Alpha23
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August 21, 2011
How long are we going to let illegal immigration just slide right on by?? Drunk illegals kill US citizens and nothing happens to them! Check out the DustinInman Society!!! Deport illegals!!
go4gin1994
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August 21, 2011
Those fine "family values" we are always hearing about! Endanger your wife and kids by driving drunk, without a license and probably without insurance. Boot the entire family back to whence they came from, where drunk driving is acceptable. Get the entire family so we don't have to support Mommy and the anchors, while Dady does his time!
anonymous
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August 21, 2011
Wasn't an employee with the Ga Dept. of Drivers Licenses arrested last year for selling drivers licenses to illegals? This guy may have purchased his from this person. It is clear Mr. Garcia has no respect for our laws nor the safety of other drivers or his passengers. If the female passenger was the mother of these children she should be in jail as well for endangering them with this drunk. Was she as impaired as Mr Garcia? Send him back to where ever he came from, let him kill someone in his own country.
mk-expose coverup!!!
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August 21, 2011
Please, give me a break!

Illegals take top priority in many things in Georgia. The whole constuction industry is now mostly illegal owned & run companoies & illegal workers! Public schools cater to children of illegals & anchor babies.

The rich NEED the cheap labor! It's more for their portfolio!! They've got trust funds they need to fund!

Drive through any & ALL upper class neighborhoods around Atlanta (Alpharetta,Johns Creek, Sandy Spings, Dunwoody, East Cobb, Buckhead,etc.),- & almost every house has their very own 'illegal',..house cleaning, landscaping, building stone walls & room additions!

Then those very illegals go home to their poor neighborhoods in Smyrna, Marietta & South Cobb,... & nothing ever changes!

They've got to getto work somehow,... mostly by van!

The truth no longer exists in this country.
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