Everybody knows better than to drink and drive, but some people do it anyway. If caught, they’ll suffer serious consequences – unless, of course, the ones driving under the influence have influence.
That influence might not work on an arresting officer, but it could get the ticket pulled or the case dismissed, or ensure representation by big-name lawyers if the case goes to trial.
Swansea attorney David Cates, the son of Fifth District Appellate Court Judge Judy Cates, is a case in point. He has four DUI arrests under his belt, and a record of using influence or stating he will use his influence to avoid consequences of reckless behavior.
Cates is currently trying to finesse his way out of a DUI arrest in January. His lawyers, Chet Kelly and John Baricevic, have moved to dismiss the charges as a sanction for alleged misconduct on the part of the Fairview Heights police officer who made the arrest.
“Defendant’s flagrantly improper and irresponsible accusations of criminal wrongdoing by a police officer are a hyperbolic diversion designed to take focus away from the surplus of evidence demonstrating probable cause,” special prosecutor John Barnard wrote in response to the allegations.
Early one evening in the first week of January, a motorist discovered Cates unresponsive behind the wheel of his Ford Expedition at the intersection of Frank Scott Parkway and North Illinois Street. She called 911 and reported the incident.
Meanwhile, Brandon Wilson of Freeburg is facing charges for driving drunk last month and killing a Belleville mother of two. Like Cates, he has a history of driving under the influence and beating the raps.
We don’t know what kind of pull Wilson has, but his outrageous behavior, like that of Cates, seems never to merit more than a slap on the wrist. Arresting officers have done their jobs over and over again, but judges and lawyers have put these repeat offenders back on the road multiple times.
By enabling drunk drivers, they are essentially accessories after the fact – and accessories to any subsequent incidents.