Attorney: former Crystal Lake bus driver impaired by anxiety medication, not alcohol
A 76-year-old former bus driver for Crystal Lake Elementary District 47 who was originally charged with felony DUI and child endangerment after his school bus struck a parked bus, pleaded guilty this week to misdemeanor DUI and received a year of court supervision.
The attorney for Wayne E. Desparte, of Lake in the Hills, said his client has completed drug and alcohol counseling as part of his guilty plea, which was accepted Wednesday.
McHenry County prosecutors, who did not return messages Wednesday or Thursday, dismissed the aggravated DUI charge — a felony with a top sentence of three years in prison — and a misdemeanor child endangerment charge in exchange for the guilty plea.
Defense attorney Ray Flavin said Desparte was suffering from anxiety and was prescribed a medication by his doctor, who warned Desparte to evaluate the effects of the medication before driving.
Flavin said Desparte took the medication the next day and was OK. However, the second day Desparte took the medication, May 2, 2018, he was drowsy while driving a school bus with about five children aboard and struck a parked vehicle and another bus before police were called, Flavin said.
Flavin said a chemical test showed his client had a blood alcohol concentration of 0.0. In Illinois, the legal threshold is .08.
“It had nothing to do with alcohol. He misestimated how the medication the doctor gave him would impact him,” Flavin said.
Flavin declined to comment on the name of the medication.
Authorities were called about 7:40 a.m. to the parking lot of Hannah Beardsley Middle School, 515 E. Crystal Lake Ave. in Crystal Lake after Desparte's bus struck another bus. Desparte's bus also struck a black Jeep on Terra Cotta Road on his way to the school.
No injuries were reported; Desparte was fired after his arrest.
For the next year, Desparte must not have any new criminal arrests, attend a victim impact panel and pay a fine of $2,281. If he violates his supervision, he could be resentenced to up to 364 days in jail.