By Dan Spalding
News Now Warsaw
PLYMOUTH — Kosciusko County Councilwoman Kimberly Cates expressed regret and embarrassment over her drunk driving incident earlier this year.
Cates made the comments Friday when she pleaded guilty to a misdemeanor charge of operating a vehicle while intoxicated and was then sentenced to six days in jail by a judge in Marshall County.
(Read Kim Cates’ full letter to the community at the bottom of this article)
The jail time will be served in Kosciusko County.
She was originally facing two charges, but a plea agreement reduced that to one.
Cates, who was 59 at the time of her arrest, was originally charged with operating a vehicle while intoxicated and endangering a person, and operating a vehicle with an ACE of 0.15 or more.
Cates was pulled over around 11 p.m. on March 9 on SR 13 after a Kosciusko County Sheriff’s deputy driving behind her for about five miles witnessed her vehicle cross the fog line several times and weaving inside her lane of traffic.
After being pulled over, Cates failed all three sobriety tests and was unable to complete a field breathalyzer test. A blood draw at a nearby hospital showed she had a blood alcohol level of 0.20 — two and a half times the legal limit in Indiana.
Because of the potential conflict of interest in Kosciusko County, the case was assigned to Whitley County Prosecutor DJ Sigler and eventually overseen by Marshall County Superior Court 2 Judge Dean A. Colvin.
On Friday, she was joined in court by two family members including her mother.
In testimony before her sentencing, Cates said her arrest left her remorseful and feeling humiliated.
Given her position on County Council, Cate’s attorney, Scott Reust, told the judge the circumstances had become somewhat of a public event.
In a public statement issued Friday morning through her attorney, Cates said she’s sought counseling and took responsibility.
Her statement reads, in part:
“It is a profound understatement to say that I am disappointed in myself. But more importantly, I am pained to the core at having disappointed my family, my community, and the people for whom I serve as a Councilperson. Being a Councilperson is a tremendous honor and privilege,” she wrote.
“I offer no excuse for what I did. I have completed a substance abuse assessment and the recommended counseling and believe I have focused and learned from my poor decision,” she wrote.
Her driver’s license was suspended for 90 days, but she’s been using an ignition Intoxalock, a device that requires her to breathe into a device to make sure she is sober before using the vehicle.
Since her previous use of the device exceeded 90 days, Reust informed the judge that they filed paperwork to terminate the use of the device, and the judge agreed.
She was also sentenced to 359 days of non-reporting probation and is expected to begin serving her sentence on Sunday, Sept.
She also must pay fines and court costs.
