O'Fallon man picked up for DUI again; was drunk in '06 crash that killed teen

Published: November 20, 2012 

— Dan P. Polites II, who pleaded guilty as a juvenile to charges involving a drunken-driving fatality more than five years ago, has again been charged with DUI.

Polites, 22, of O'Fallon, was arrested Friday about 1:40 a.m. on Carlyle Avenue by Major James Lay of the St. Clair County Sheriff's Department. Polites got his license back on Feb. 27, after it was suspended for the previous DUI conviction.

He is the son of Dan Polites, a golf professional and O'Fallon City Council member who ran for state representative.

The younger Polites was also given traffic citations for driving without headlights, improper lane usage and disobeying a traffic control device. He posted bond and was released.

He could not be reached for comment Tuesday.

In May 2007, the younger Polites II was sentenced to 30 days in jail, ordered to perform 180 hours of community service and required to pay $140,000 in restitution for funeral expenses for one victim and medical bills for another.

Timothy S. Frazier died on May 27, 2006, when he was thrown from a Mustang driven by the younger Polites, and Bradley Fairbairn was injured. All three were 16.

In his three-page report in the new case, Lay stated that Polites II drove past him in the opposite lane in a 2003 Ford Explorer with the headlights turned off and swerving, "...from side to side within his lane of traffic."

Lay said that Polites kept driving but stopped at an intersection, "well past the stop line." Polites drove for about another quarter of a mile before stopping for Lay, the report said.

Then, after he was stopped, Polites failed field-sobriety testing, Lay stated in the report.

Lay said he stopped the test when, after he was asked to balance on one leg, Polites II allegedly said, "I can't do this."

Taken to the county jail, Polites agreed to a breath-alcohol test and was charged with DUI. A report from the sheriff's department did not list the results of the blood-alcohol test. In Illinois, drunken-driving can be charged if the level is 0.08 percent or higher.

The elder Polites, a Democrat, was defeated earlier this month by Charlie Meier, an Okawville Republican, in the race for state representative in the 108th Illinois House District.

Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com and 618-239-2625.

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