BELLEVILLE – Lawyer David Cates almost eluded a state trooper and upon his arrest for driving under the influence told the trooper he’d call the courthouse and have the ticket dismissed.
A report of trooper Nicholas Weilbacher, which state police released on Feb. 21, showed Cates put other drivers at risk over a course of several miles.
Weilbacher wrote that on Nov. 4, around 12:35 p.m., a white Ford Expedition truck veered across the right boundary line eastbound on Interstate 64 near milepost 5.6.
“I observed a cloud of dust shoot up from the Ford. The Ford then corrected and returned to the roadway,” Weilbacher wrote.
He wrote that the Ford exited at Route 111 as he tried to catch up with it.
“As the Ford was on the ramp, it took the curve too wide and crossed the solid yellow line on the left side of the roadway,” he wrote.
He wrote that the Ford partially crossed the turn lane divider to go north or south on Route 111.
He wrote that it traveled south and crossed the line for the left turn lane into Southwestern correctional center.
“The Ford was one car ahead of me in traffic and proceeded through a green light to turn left on St. Clair Avenue and drive eastbound,” he wrote.
The light turned red on Weilbacher, who sat and watched the Ford accelerate quickly and lurch forward.
He wrote that it crossed the yellow line on the left side of the road, nearly struck the curb, and jerked back to the left lane.
He wrote that his light changed green and he attempted to catch up. The Ford turned right on Route 161 and traveled east.
He wrote that he observed it going up the hill past Carson Drive from a distance.
“Other vehicles had to hit their brakes and get away from the Ford because it was driving recklessly,” he wrote.
He wrote that it drifted between lanes.
He wrote that he caught up near Frank Scott Parkway, where the Ford turned left and traveled north. The Ford crossed the solid yellow line, drifted back over, and crossed the white line on the right just prior to Dalton Drive.
He wrote that there were two cars between him and the Ford, which turned right on Llewellyn Road and traveled east.
He wrote that a red sport utility vehicle between him and the Ford pulled over to let him pass.
“The driver was frantically pointing at the Ford with his hand out of the driver’s window,” he wrote.
He wrote that he activated his red and blue lights and pulled in behind the Ford at the intersection with Sullivan Drive.
“The driver did not respond to my emergency lights,” he wrote.
He wrote that the Ford signaled a left turn and went north on Sullivan Drive.
“I had been behind the Ford for approximately one minute with my patrol car’s emergency lights activated and the driver had not yielded and pulled over,” he wrote.
He wrote that he activated his siren to get cross traffic to yield so he could get back behind the Ford.
It turned right on Old Caseyville Road to go east.
He wrote that it made the turn too short and crossed the line on the right side of Sullivan Drive.
He wrote that it finally pulled over on Old Caseyville Road just off Sullivan Drive.
He wrote that he advised Cates he was driving erratically and Cates said okay.
“Cates stared blankly at me with a dumbfounded look,” he wrote.
He wrote that he advised Cates he had followed him since the interstate and Cates stated he hadn’t been driving 64. He asked Cates if he consumed alcohol or took medication in the last 12 hours and Cates said no.
He wrote that he smelled a strong odor of alcohol coming from inside the Ford.
He wrote that the red vehicle that let him go around pulled up.
“The white male driver was very agitated and told me Cates had run him off the road and he had to accelerate to 70 mph to get out of his way,” he wrote.
“Cates said it had been a tough election for him today.”
His mother Judy Cates lost a Supreme Court race on Nov. 3.
Weilbacher wrote that he asked Cates if he consumed alcoholic beverages in the last 12 hours.
He wrote that Cates exclaimed, “In the last 12 hours yes, but not today.”
He wrote that Cates’s eyes were bloodshot and glassy.
He wrote that he asked how many drinks he had the night before and Cates said, “I had enough. I mean it was, I had my mom running for office and it was enough.
“While speaking to Cates he was pausing between words as if he was having trouble putting sentences together.”
He wrote that Swansea police officer Tutterow arrived.
He wrote that he asked Cates if he was willing to do a field sobriety test or submit to a portable breath test, and Cates said no to both.
He wrote that he could smell a very strong odor of an alcoholic beverage emanating from Cates’s breath.
“I advised Cates he was under arrest for driving under the influence of alcohol. I secured Cates in handcuffs behind his back, checked them for proper fit, and double locked them,” he wrote.
He wrote that he transported Cates to Swansea police department to use their breath analysis instrument.
“On the way to the PD Cates was apologetic about being mean to me,” he wrote.
He wrote that he asked Cates to provide a breath sample.
“At this point Cates had become arrogant and belittling toward me,” he wrote.
He wrote that Cates tried to argue and engage him in arguments.
“Cates was asking me the same questions over and over again as if he was having short term memory loss,” he wrote.
He wrote that while he finished his report, “Cates picked up his phone and said he was going to call the courthouse right now to have the case dismissed.”
“Cates then changed his mind and said he would do it when he left,” he wrote.
He wrote that Cates went through mood swings, apologizing at one point and stating he respected police.
He wrote that Cates later made a comment, “stating he had three years of education where I only had six weeks.”
“Cates advised me multiple times I was wasting my time,” he wrote.
Weilbacher issued tickets for driving under the influence and improper lane use.
He wrote that he returned to Swansea on Nov. 5, to pick up a copy of video from the breathalyzer room.
He wrote that assistant chief Blomberg told him there was miscommunication and the audio in the breathalyzer room was not active when he used it.
In December, Cates agreed to plead guilty of driving under the influence in exchange for regaining his license.
Special prosecutor John Barnard of Quincy said he bargained a plea because Weilbacher didn’t test Cates’s breath or apply for a warrant to test his blood.
“Given that he didn’t blow and there was no search warrant, those are always iffy to prove,” Barnard wrote.
He said Cates would plead guilty on March 16.
Police previously charged Cates with driving under the influence twice, and he negotiated a plea to lesser charges both times.