Legal Industry News
June 11, 2009
Two NY Judges Disciplined for DWI, Even After Sucking a Penny
The New Jersey Supreme Court has disciplined two municipal judges convicted of drunk driving. The Court issued a reprimand to Robert Jones and a more serious Censure to Peter Tourison. Neither judge is allowed to preside over DWI cases for one year.
Tourison’s penalty was more severe because, in addition to the DWI, Tourison tried to interere with the administration of the Alcotest and caused property damage when his car struck a parked car in a parking lot. Officers on the scene reportedly detected the odor of alcohol on Tourison, who failed most of the field sobriety tests. At the stationhouse, the judge applied ChapStick to his lips – the ChapStick was confiscated and Tourison was instructed not to put anything near or around his mouth because it may impede with proper administration of the Alcotest. When the officer turned away, Tourison reportedly then took out a second tube of ChapStick, which was also confiscated.
When the officer was ready to administer the test after the state-mandated 20-minute wait time, the officer noticed that Tourison had placed a penny in his mouth, apparently due to the (false) urban legend that sucking on a copper penny can alter the Alcotest results. The officer removed the penny, made Tourison empty his pockets, and waited another 20 minutes before administrating the test, which then indicated a blood alcohol level of 0.08 percent, the threshold.
Upon arrest, Jones failed field sobriety tests and, though he denied having had any drinks, the Alcotest indicated a blood alcohol level of 0.16 percent. Both judges have undertaken treatment related to their alcohol consumption.
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