Lawyer seeks to suppress evidence in legislator's drunken driving case

DES MOINES - The lawyer for a state lawmaker from Waterloo facing a drunken driving charge is asking to suppress evidence in the case, arguing police should have told his client he could lose his driver's license for failing or refusing a chemical sobriety test.

Rep. Kerry Burt, a first-term Democrat, was arrested by Ankeny police in the early morning hours of February 11 for first-offense operating while intoxicated.

A police report said Burt's blood alcohol level registered .129 percent at the time of his arrest.

He was laid off from his job as a firefighter with Waterloo Fire Rescue after losing his driver's license.

In a court filing, defense attorney Matthew Boles said police should have warned Burt he could lose his commercial driver's license if he fails or refuses a chemical test. The defense also is asking prosecutors to turn over any videotapes of the incident.

Boles did not return a telephone call seeking comment Wednesday.

A hearing in the matter has been scheduled for Tuesday in Polk County District Court. Burt has pleaded not guilty to the charges, although he released a statement after his arrest apologizing to his family and constituents.

Voters elected Burt, 44, to his first term in the Legislature in November over incumbent Republican Tami Wiencek. Burt serves as vice-chairman of the House Public Safety Committee, which helps write the state's criminal laws.