Breath Test Refusal

April 14, 2009

NJ Man Arrested for DWI by New York State Troopers

A 39-year-old man from Hohokus, New Jersey, was arrested on suspicion of driving while intoxicated early Friday morning after a traffic stop on Albany Post Road in Cortlandt, NY. State Troopers charged the man and 11 other motorists with DWI during a string of traffic stops in Westchester and Putnam counties over the course of the long holiday weekend, mostly in the early hours of the day, according to authorities.

Though a number of the drivers were from out of state, most were from the local area. One local man in particular, a 32-year-old with a previous DWI conviction, who was stopped just before 5 a.m. on Sunday, was charged with multiple counts. The list included driving while intoxicated, first-degree aggravated unlicensed operation, felonies, unlawful possession of marijuana and refusal to submit to a breath test, according to the police report. In this instance, the man’s drunk driving charge was bumped up to a felony due to his previous DWI conviction, which occurred less than 10 years ago.

Most, however, were charged with misdemeanor DWI. Another local man was charged with driving while intoxicated and aggravated DWI, both misdemeanors, following a 2:15 a.m. traffic stop Sunday morning. Police said that the aggravated DWI charge was due the man’s blood-alcohol level being in excess of 0.18 percent — fully 0.10 percent beyond the legal threshold for driving while intoxicated in New York State.

April 1, 2009

New Jersey DWI Police Blotter

by Jonathan F. Marshall

Carlstadt — A 68-year-old man from Astoria, New York, was arrested March 21 at 12:18 a.m. for DWI, drunk driving within 1,000 feet of a school zone, and parking in a no-parking zone. The man was charged and later released to the custody of his wife.

East Rutherford — On March 29, a 37-yeal-old man from Garfield, NJ, was arrested for DWI and several other charges following a motor vehicle accident on Railroad Avenue. In addition to drunk driving, the man was also charged with driving while suspended, reckless driving and careless driving, as well as possession of drug paraphernalia. According to police, the driver fell asleep behind the wheel and crashed his 2006 Dodge Durango into two parked cars. Authorities released the man on summonses once he had become sober.

East Rutherford — A 21-year-old woman from Rutherford, New Jersey, was arrested March 27 at 2:17 a.m. for drunk driving, refusal to submit to a breathalyzer, careless driving and leaving the an accident scene. According to the report, a 1999 Ford Explorer belonging to the woman had struck a utility pole on Hackensack Street near Union Avenue, however the driver was missing from the scene. Police said both airbags were deployed in the abandoned vehicle, and that there was a crack in windshield with hair stuck in it. Police charged the driver when she returned to the scene a while later. She was subsequently released to a friend.

March 27, 2009

“30 Rock” Actor Rip Torn may Avoid DWI Charge by Attending Alcohol Class

by Jonathan F. Marshall

Following a third DWI arrest, well-known Hollywood movie and TV star Rip Torn is seeking to dodge drunk driving charges in Connecticut by attending that state’s alcohol awareness program. The 78-year-old performer, whose most recent television appearances have included the popular NBC sitcom, “30 Rock,” already has two prior out of state drunken driving arrests.

In January, Torn pleaded not guilty to charges of driving while intoxicated when he was arrested last December. According to police, Torn was pulled over near his home in Salisbury while driving with a Christmas tree tied to the roof of his car. The arresting officer attempted to administer a breath test to determine the actor’s blood alcohol content, but Torn refused to take the breathalyzer test, then reportedly used profanity while detained in the police cruiser.

Torn recently appeared in Bantam Superior Court, requesting admission to an alcohol education program, which is required in that state before DWI charges can be dropped. Torn’s defense lawyer stated that his client had a chance of qualifying for the program despite his two previous drunk driving arrests. According to reports, Torn pleaded guilty to a lesser charge in the case of one drunken driving arrest and was acquitted in the other.

Authorities wouldn’t comment on whether the prosecutor would attempt to block Torn’s application, although it appears that the actor is eligible in this instance.

Rip Torn seeks to avoid drunken driving charge, The Associated Press, March 26, 2009

“30 Rock” Boss Applies for Booze School, NBCMIAMI.com, March 26, 2009

March 20, 2009

Former New Jersey Judge Convicted of Second DWI Offense by Sparta Township Court

by Jonathan F. Marshall

It seems that nearly anyone can run afoul of the law, even those who are responsible for upholding it. Take the case of a former municipal court judge who served in Morris County, New Jersey, until a 2007 drunk driving conviction cost him his job.

Now, two years after that first DWI conviction, George R. Korpita has found himself once again before the court, convicted of driving while intoxicated, careless driving, failure to keep right and refusing a breathalyzer test during a traffic stop in February 2008.

After admitting to his alcoholism in a Sparta Township courtroom — he stated that he regularly attended meetings of Alcoholics Anonymous and had been sober for 11 months — Korpita received a suspended 45-day jail term for his latest offense. Municipal Court Judge John E. Mulhern then ordered Korpita to pay close to $2,000 in fines and immediately surrender his driver’s license.

The judge also suspended Korpita from driving for two years and seven months, and ordered him to continue attending AA meetings six days a week for the next two years — the court made it clear that he must attend every meeting or risk being jailed. Korpita’s defense lawyer said his client fully intends to make an appeal.

Korpita, who had served on the municipal courts of Dover, Rockaway Borough and Victory Gardens, stepped down from his position in Morris County in December 2007 after admitting to driving drunk in Roxbury, NJ, where he also threatened the arresting officers. At the time of that sentencing, he received three years’ probation and was ordered to complete 100 days of community service, as well as the loss of his driver’s license for 12 months. Korpita’s law license also was suspended by the state of New Jersey for three months, and he agreed to forfeit all his judgeships and promised never to hold another public position again.

Municipal prosecutor Victor Jusino said that Korpita’s previous position as a judge, with power to determine the fate of other people, was a key factor in the court’s decision to issue a harsh sentence for this second drunk driving offense. “This is not a garden-variety DWI, or a second garden-variety DWI,” Jusino said. “This isn’t the first time he’s done it.”

Former judge must remain sober or face jail for DWI, APP.com, March 20, 2009

Former NJ judge convicted of 2nd DWI charge, newsday.com, March 19, 2009