The Austin Chronicle

https://www.austinchronicle.com/news/2003-11-14/186484/

Naked City

DWI Prosecutor Resigns

By Jordan Smith, November 14, 2003, News

First Assistant Travis Co. Attorney Mack Martinez resigned his position Nov. 6, after being arrested on suspicion of drunk driving the night before. Martinez was driving on the western frontage road of I-35, when his car hit a guardrail at Cesar Chavez. Martinez spent the night in jail before being released on a personal bond.

As first assistant county attorney, Martinez was responsible for overseeing prosecutors handling both civil and criminal cases -- including misdemeanor DWI charges such as the one he now faces. County Attorney David Escamilla said the situation was "saddening" but that the arrest means Martinez cannot retain his current position. "You can't prosecute a DWI or make deals on a DWI when you have one," he said. Still, Escamilla said the charge does not mean Martinez could not work for his office in the future. After the case is adjudicated, Martinez could apply for a job with the office's civil division, which employs 25 attorneys, Escamilla said. "The sad truth is that he won't be first assistant or supervising prosecutors," he said. Martinez worked for the county attorney's office for nine years, first as an intake attorney and then as head of the office's trial division before being appointed to first assistant. Escamilla said he does not know when he will fill Martinez's position.

Reportedly, Martinez said he'd had two drinks at Speakeasy in the Warehouse District; he refused a sobriety test, but smelled of alcohol, had bloodshot eyes, and was slurring his speech, according to the arresting officers. He faces a class B misdemeanor charge, punishable by up to 180 days in jail and a fine of up to $2,000.

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