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Cop: (Ex-Judge's) Burps prevented breath test
star ledger ^ | 12.18.08 | JIM LOCKWOOD

Posted on 01/12/2009 11:26:08 AM PST by Coleus

A former Morris County municipal judge arrested on a charge of driving while intoxicated also was charged with refusing to take a breath test when the procedure could not be administered due to his continual burping, a police officer testified yesterday.

After being pulled over in Sparta on Feb. 15 on suspicion of DWI, George Korpita, 48, a former municipal judge in Dover, Rockaway Borough and Victory Gardens, consented to take a breath test. But the procedure could not be administered because Korpita repeatedly burped, Sparta patrolman Jo seph Pensado testified during a bench trial in the Sussex County township's municipal court.

A DWI suspect who burps just before the breath test is given then has to wait 20 minutes before blowing into the device because a belch can skew the results, Pensado said. Korpita signed a consent form to take a breath test, but he then burped repeatedly while Sgt. John- Paul Beebe was trying to administer the test, Pensado said.

"I observed Mr. Korpita burp and belch uncontrollably," Pensado testified.

Korpita was warned the burping would amount to a refusal to take the breath test, and he then again consented to the proce dure.

"Was he still belching?" municipal prosecutor Victor Jusino asked.

"Yes," Pensado replied. "Mr. Korpita burped again -- and again, and again, and again."

Defense attorney George Dag gett asked Pensado if Korpita said he had indigestion, but Pensado could not recall. After court, Dag gett said Korpita had burped some 40 times.

(Excerpt) Read more at nj.com ...


TOPICS: Crime/Corruption; Culture/Society; US: New Jersey
KEYWORDS: burping; drunkdriving; dwi; judge

1 posted on 01/12/2009 11:26:08 AM PST by Coleus
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To: Coleus

A variation of the twinkie defense!


2 posted on 01/12/2009 11:27:53 AM PST by saganite
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To: Coleus
It sounds like the ex-judge new the law and found a way to either avoid the test or make its results invalid in court. Maybe they should have gotten the BIG needle for the blood test to make the burping stop.
3 posted on 01/12/2009 11:39:02 AM PST by KarlInOhio (On 9/11 Israel mourned with us while the Palestinians danced in the streets. Who should we support?)
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To: KarlInOhio

new->knew, but I think you probably (k)new that already


4 posted on 01/12/2009 11:39:45 AM PST by KarlInOhio (On 9/11 Israel mourned with us while the Palestinians danced in the streets. Who should we support?)
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To: Coleus

*burp* I just wanted to say that... *fart* ...that this post... *burp and fart* ...does have its effects... *fart* ...on my bowels... *burp* ...and intestines...


5 posted on 01/12/2009 11:45:32 AM PST by whereisreagan?
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To: whereisreagan?

I hope you’re feeling better. Now go find a toilet.


6 posted on 01/12/2009 11:50:09 AM PST by Coleus (Merry Christmas & Happy New Year!)
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To: saganite

It’s true. Burping puts more alcohol residue in your mouth and throat and screws up the breath test. However, it doesn’t screw up an officer’s ability to administer other tests (walking a straight line etc.).


7 posted on 01/12/2009 12:09:16 PM PST by BirdFLU
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To: Coleus

LOL! I just found one and did the decent thang. It’s a side effect of that unholy ‘marinading with beer’ scientific project that I am currently engaged in...


8 posted on 01/12/2009 12:33:24 PM PST by whereisreagan?
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To: whereisreagan?

I haven’t been burping, but I sure have had a lot coming out the other end since I started taking water pills a couple of weeks ago for high blood pressure. If anybody told me I was full of c**p over the past several days, I could not disagree.


9 posted on 01/12/2009 12:48:30 PM PST by rwa265 (Christ, My Cornerstone)
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