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Name:
Martinez, Oscar Jovany
Date of Booking:
04/28/2026
Reason(s) For Booking:
HABITUAL VIOLATOR
DRIVING WHILE LICENSE SUSPENDED OR REVOKED (FELONY) (FOURTH OR SUBSEQUENT OFFENSE)
DUI – DRIVING UNDER THE INFLUENCE – FOURTH OR SUBSEQUENT CONVICTION WITHIN TEN YEAR PERIOD
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On Tuesday, April 28th, 2026 at approximately 0139 hours I, Pfc Weeks responded to the area of the Chevron on Turner McCall Boulevard, approximately in the area of Avenue A and Avenue B behind it in order to locate a potential DUI. The information was provided by a complainant, [WITNESS #1]. He observed the male, later identified as Oscar Martinez, “stumble” into the Chevron, smelling like alcohol and attempting to buy more of it.
Mr. [WITNESS #1] called E911 to report the information under the presumption, Mr. Martinez had driven drunk to the store and he didn’t want him to hurt himself or others. Meanwhile, Mr. [WITNESS #1] did get into his vehicle and follow Mr. Martinez to relay information to dispatchers and law enforcement.
Once I arrived in the area, I initially passed the suspect vehicle and the complainant, going in the opposite direction. As I turned around, I had to re-establish a visual on the vehicles, which didn’t take much time. I observed the complainant, Mr. [WITNESS #1] had pulled into another gas station on Martha Berry Boulevard (Citgo). I followed him onto the lot where he pointed out a Dark Jeep Cherokee sitting on the same lot at a pump. He stated that was the vehicle.
Simultaneously, the said vehicle started pulling away from the pump and onto the roadway without lights on. At this point, I followed Mr. Martinez and conducted a traffic stop. After initiating my blue lights behind him, he pulled onto the lot of 1501 Martha Berry Bouldvard (Exxon) and parked. I exited my patrol vehicle, walked up and made first verbal contact with Mr. Martinez who was in the driver seat.
Once I made contact with Mr. Martinez, I instantly noticed his breath smelled like an alcoholic beverage as he turned to speak to me. I also noticed his eyes were glossed over. He quickly started asking if he could make a phone call to his wife before anything, because he believed he was already going to jail. I proceeded to ask why, which he stated in honesty, that he didn’t have a valid license. Due to that and the observations in his impairment, I asked him to step out of the vehicle.
We then re-located to the front side of my patrol vehicle where he had unsure footing during that movement which then I asked if he has had anything to drink. He ultimately stated he had one drink about an hour and a half ago and two other drinks prior to that. I proceeded to ask him if we would consent to doing standard field sobriety testing, which he immediately declined.
I then placed Mr. Martinez under arrest for driving while suspended/revoked and DUI less safe. He did asked to place a courtesy phone call to his wife, regarding the vehicle he was driving and when she answered the phone and he made himself known, she immediately stated “you’re toasted”. She stated this without knowing law enforcements presence. After the phone call, he was searched and placed safely into the backseat of my patrol vehicle. Then transported to the Floyd County Jail without incident.
Once at the Jail, it was discovered Mr. Martinez has been convicted enough times on both charges to make my charges felonies on both and the added charge of hibitual violator.
[End of Narrative]
All information is sourced directly from the official, public court database. Case history is organized and curated by The Georgia Gazette staff. The “What this means:” explanations are written by AI and reviewed by our staff before publishing.
Court records are subject to change at the court’s discretion. The Georgia Gazette is not responsible for errors or omissions. Nothing here is legal advice. All individuals are presumed innocent until proven guilty in a court of law.
Case History:
4/28/26
OSCAR JOVANY MARTINEZ ARRESTED — THREE CHARGES FILED IN FLOYD COUNTY
What this means: Oscar Jovany Martinez was arrested on April 28, 2026, in Floyd County, Georgia, and is facing three charges under case number 26PI00175-3 in Floyd County Superior Court. He is accused of being a Habitual Violator, meaning he allegedly has a history of serious driving offenses serious enough to have had his driving privileges revoked under state law. He is also charged with Driving While License Suspended or Revoked as a felony fourth or subsequent offense, meaning this is allegedly not the first time he has been caught driving without a valid license. Finally, he is accused of DUI — Driving Under the Influence — as a fourth or subsequent conviction within a ten-year period, which is a felony-level charge under Georgia law. Oscar Jovany Martinez is presumed innocent of all charges unless and until proven guilty in court.
5/1/26
DEFENSE FILES PETITION FOR BOND
What this means: On May 1, 2026, Oscar Jovany Martinez’s attorney, G. Brian McWhorter of G. Brian McWhorter, L.L.C. in Rome, Georgia, filed a formal written request asking the Floyd County Superior Court to set a bond for Martinez. A bond (also called bail) is a sum of money a defendant can pay to be released from jail while the case moves forward, with the understanding that they will return for all required court appearances. The petition was filed with the court and a copy was mailed to District Attorney Leigh E. Patterson of the Rome Judicial Circuit.
5/4/26
RULE NISI ISSUED — BOND HEARING SCHEDULED FOR MAY 14, 2026
What this means: On May 4, 2026, a judge of the Floyd County Superior Court, Rome Judicial Circuit, issued a Rule Nisi — a court order directing District Attorney Leigh Patterson to appear before the court on May 14, 2026, and show cause why Oscar Jovany Martinez’s petition for bond should not be granted. In plain terms, this is the court’s way of scheduling a formal hearing on the bond request and putting the prosecution on notice that they need to respond. The order was prepared by defense attorney Brian McWhorter.
5/14/26
BOND GRANTED — OSCAR JOVANY MARTINEZ RELEASED ON CONDITIONS
What this means: On May 14, 2026, Floyd County Superior Court Judge Bryan Thomas Johnson granted bond for Oscar Jovany Martinez in the amount of $5,000. This means Martinez can be released from custody while his case proceeds, as long as he pays or arranges the bond amount and follows all conditions set by the court. The bond was granted under Georgia law (OCGA §17-6-1(c)).
The court imposed the following special conditions that Martinez must follow while out on bond: he may not possess or use any firearm, alcohol, or illegal drugs other than validly prescribed medications; he must provide a current address and contact numbers to the court, the Sheriff, and the District Attorney’s Office; he must notify the court, the Sheriff, and the District Attorney’s Office of any change of address or contact information; he may not leave the State of Georgia without explicit permission from the court; he must not violate any federal, state, or local laws; he cannot operate a motor vehicle while on bond; and he cannot consume alcohol while on bond.
If Martinez violates any of these conditions, his bond can be revoked and he can be returned to custody.