Former NJ Municipal Court Judge Tries to Beat DWI
A former Morris County Municipal Court judge allegedly burped 78 times in order to avoid a breathalyzer test to determine his blood alcohol content (BAC). George Korpita, who previously served as the Municipal Court judge in Dover, Rockaway Borough, and Victory Gardens in Morris County, NJ was stopped on February 15, 2008 for suspicion of driving while intoxicated (DWI).
The reason for Korpita's burping is clear: there is a 20 minute observation period in New Jersey under State v. Chun which means that law enforcement must stop and observe a suspect for twenty minutes prior to conducting the breath test to ensure that 1) the suspect has not consumed alcohol within twenty minutes of the test, 2) the suspect did not throw up, spit up, or burp within twenty minutes of the breath test, and (3) the suspect did not chew gum or any other substance within twenty minutes of the exam. If any of these issues arise it can effect the breath test results and then the test results will not be reliable.
Thus, the suspect in this case, George Korpita, as an attorney and municipal court judge, knew the law and burped 78 times in order to prevent law enforcement from conducting the breath test. Each time he burps the twenty minute waiting period must start again. Korpita's attorney claimed that the burping arose due to indigestion and anxiety. I sincerely doubt that the judge will accept this argument. Korpita's conduct essentially constitutes a refusal to submit to a breath test and he was charged with both DWI and Refusal in this case.
For additional information on this case, see "Former Morris County judge burped 78 times to avoid DWI test, police officer testifies".
