5 years causing drunk-driving death, O'Fallon man caught driving at .38 BAC


by Brendan Marks / KMOV.com


Posted on November 21, 2012 at 6:16 PM

Updated Wednesday, Nov 21 at 8:17 PM

O’FALLON, Ill. (KMOV) – An O’Fallon man who pleaded guilty five years ago in the drunken-driving death of a Belleville child again faces charges after he allegedly drove nearly five times over the legal limit.

Daniel Polites, 22, was charged with driving while intoxicated, driving without headlights, improper lane usage and disobeying a traffic control device.

According to deputies, an officer on Friday saw Polites driving without headlights on on Greenmount Road around 1:40 a.m.

The officer saw Polites driving erratically and attempted to pull him over, but he continued to drive. Polites eventually turned into the St. Clair Village entrance off Carlyle Avenue and stopped.

The officer said he walked up to Polites’ vehicle and could smell alcohol on his breath. He said Polites’ eyes were red and watery and his speech was slurred.

According to the crime report, Polites also “seemed confused.”

The officer put Polites through a field sobriety test, but he failed.

According to deputies, he told the officer “I’ll be straight up with you, I did have some drinks.” While doing another test, Polites “stopped after putting his foot down several times and said, ‘I can’t do this.’”

Polites then said, “I’m drunk, I’m drunk,” according to the report.

Polites, the son of a golf professional and member of the O’Fallon City Council, was arrested and released after posting pond. He registered a .381, nearly five times the Illinois legal limit of .08.

According to court records, Polites got his driver’s license back on Feb. 27.

It had been suspended after he was involved in a May, 2006 drunken-driving wreck that killed Timothy Frazier of Belleville.

Polites, who was 16 years old at the time, was sentenced to 30 days in jail, ordered to perform 180 hours of community service and required to pay $140,000 in restitution.