Judge throws out evidence in state lawmaker's drunken driving case

DES MOINES - A judge has thrown out the results of a breath test in a state lawmaker's drunken driving case, saying police should have informed him his commercial driver's license could be revoked

Ankeny police arrested State Rep. Kerry Burt, 44, in the early morning hours of February 11 and charged him with first-offense operating while intoxicated.

Burt was asked to consent to a chemical breath test at the Ankeny Police Department, which he allegedly failed.

Burt lost his license as a result, which led to him being laid off from his job as a firefighter with Waterloo Fire Rescue.

According to the ruling by District Associate Judge Odell McGhee, police informed Burt of the possible revocation periods for his driver's license, but not his commercial driver's license.

McGhee found that the officer should have advised Burt of the possible sanctions for his commercial license if he refused to submit to the test or was found to be operating under the influence.

It was not immediately clear how McGhee's ruling would affect the progress of the case, which currently is set for trial on July 13.

According to McGhee's ruling, police observed Burt driving with only one functioning headlight and noticed a "loud, metal-on-metal" grinding noise before his arrest.

Burt told the officer he had been involved in an accident and that his vehicle had struck a concrete median on Interstate 35, according to court documents.

The officer noticed the odor of alcohol, and Burt was placed in custody after a field sobriety test, the ruling said.

Burt, a Waterloo Democrat, is serving his first term in the Iowa Legislature.