Attorney for bus driver accused of DUI wants arrest thrown out

Claiming police acted without probable cause when they arrested former Mount Prospect Elementary District 57 bus driver Betty Burden earlier this year on charges of drunken driving, Burden's attorneys asked the court to quash the arrest during a hearing Thursday in Rolling Meadows.

They're also asking the court to suppress any evidence the police might have obtained as a result of that arrest.

Police charged the Mount Prospect woman with aggravated DUI in March after they say she drove 50 schoolchildren while she was intoxicated.

Burden's attorney, Ernie Blomquist, suggested a co-worker's report to a company supervisor that she smelled alcohol on Burden's breath was not enough to trigger police involvement.

When the supervisor, Vince Ramirez, “took it upon himself to follow Burden while she drove, he did not notice the 55-year-old driving erratically, nor did he smell any alcohol when he stopped the bus to talk to her, Blomquist said.

Cook County Assistant State's Attorney Maria McCarthy responded by saying Ramirez noted Burden looked tired and lethargic. He was “sufficiently concerned that he called police, McCarthy said.

Mount Prospect officer Tom Hoskinson testified he received a call about 4 p.m. from his supervisor indicating a bus driver may have been drinking alcohol. However, Hoskinson said he knew of no 911 calls reporting a bus being driven erratically.

Hoskinson testified that he boarded the bus after a fellow officer stopped it about 4:20 p.m., when there were no children on the bus. He said he smelled the strong odor of an alcoholic beverage on Burden's breath. Later, Burden admitted she had consumed two vodka tonics, Hoskinson said. Additionally, she failed field sobriety tests and a preliminary breath test she took at the scene indicated a blood alcohol rating of .230, Hoskinson said, which is more than three times the legal limit.

Burden, who has no criminal background, sat with her head bowed during the hearing. Both she and Ramirez were subsequently fired from their school jobs.

Cook County Circuit Court Judge John Scotillo did not rule on the defense motion. He recessed the hearing to view the videotape prosecutors introduced showing Burden performing field sobriety tests. The hearing resumes Oct. 19.