TRENTON -- The state Supreme Court's Judicial Ethics Committee has filed a formal complaint against a local municipal judge who was charged in March with drunk driving.
On June 25 Judge Peter Tourison, who presided over the municipal courts in Cape May, Stone Harbor and Middle Township, pled guilty to a charge of DWI before Judge David Krell in the Penns Grove Municipal Court.
Tourison lost his driver's license for 90 days and was charged over $700 in fines and surcharges.
The incident occurred on March 27 when Tourison was observed driving his BMW in an erratic fashion before striking another vehicle in the North Cape May Wawa parking lot.
Tourison failed a field sobriety test and was taken to Lower Township Police Department.
While being processed, Tourison repeatedly applied Chap Stick to his lips and held a penny in his mouth in an effort to fool the Alcotest blood alcohol test, according to the complaint. Tourison's test revealed a B.A.C of .08, the legal limit.
In its complaint, the Ethics Committee alleges Tourison violated three canons of the state judicial code of conduct:
* Canon 1, which requires judges to observe high standards of conduct;
* Canon 2A, which requires judges to respect and comply with the law;
* Canon 5A(2), which requires judges to conduct all of their extra-judicial activities so that they do not demean the judicial office.
Tourison's actions also broke court rules that constituted misconduct in office and conduct prejudicial to the administration of justice, the complaint stated.
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Wed, 11/05/2008 - 8:25am - Posted by: Anonymous
I agree with the person who says the Judge Tourison is the best municipal judge in the county. He definately is the fairest and I forgive him.
Mon, 11/03/2008 - 2:40pm - Posted by: Anonymous
He's getting what he deserves! Pennies and lipstick, from a judge? Can't believe people are even sticking up for this bum !! This story has a happy ending , he got busted! Now throw the book at him!!!
Mon, 11/03/2008 - 1:47pm - Posted by: Anonymous
To 11/3/2008 @ 3:50
What in the world is an Intoxilier [sic] 5000? Police departments in New Jersey use a machine called the Alcotest, which has been ruled reliable by our state's the extremely stringent Supreme Court. Virginia and New Hampshire case law is entirely unrelated.
Sobriety tests, whether psycho-physical or chemical breath testing are extremely fair and DUI processing takes into account any disabilities, medical conditions or medications that might affect the results. During any DUI arrest there is a standard questionnaire that is read to the defendant to address such issues. Additionally the State of New Jersey stipulates that there is a specified observation period that must occur before a police officer can administer a chemical breath test to ensure that the defendant does not ingest or regurgitate anything that could affect the results of the breath testing. Knowing this, it seems that the judge purposely applied chapstick and put item(s) into his mouth in an effort to invalidate the alcotest results.
Here's the facts: Judge Tourison had alcohol in his system and caused an accident while driving. Any logic that tries to disassociate the two is faulty. If you're so concerned about being "prey" to the legal system, I'll give you some free advice on how to beat any rap. Obey the law. Don't drink and drive.
Mon, 11/03/2008 - 12:51pm - Posted by: Anonymous
Diabetes does NOT affect blood alcohol readings; in fact, a breath test is one way to confirm diabetic shock. Persons suffering diabetic shock have mistakenly been arrested for DWI because the physical characteristics (lack of balance, slurred speech, confusion, "fruity" breath odor) but were found to be in shock because of a low or 0% breath-test reading. I'm not defending the reliability of the machine, only that its not affected by diabetes.
Mon, 11/03/2008 - 11:09am - Posted by: Anonymous
I would like to know why his fine is much lower then Joe average....Most are closer to a $1000 and 6 mos without a license....I guess the penny trick works for the sitting Judge.
Mon, 11/03/2008 - 10:05am - Posted by: Anonymous
On his way to the police station, where was he putting the chap stick?
Mon, 11/03/2008 - 4:50am - Posted by: Anonymous
The breath test gadgets are fraught with error. If Judge Tourison suffers from GERD or is diabetic that could have increased his test result. These contraptions, Intoxilier 5000s are not perfect; they make errors.
For example, in 2005 Virginia admitted in internal documents that its Intoxilyzer 5000s are "dated, unstable and unreliable." In one case a lady registered over .60 BAC on the breath tester yet 2 hours later a blood test said zero alcohol. This gizmo is still being used in VA and NH.
The sobriety tests are not fair; they are designed to fail the subject.
Moreover, most people are not impaired by alcohol at a .08 BAC. Judge Tourison is probably not impaired at .08 BAC. Judge Tourison was probably not impaired by alcohol.
The legal concept that 'It's better that 10 guilty men go free than one innocent man be wrongly convicted' has been turned on its head. Now our system convicts everyone. That does not make us all safe; that makes us all prey.
Mon, 11/03/2008 - 12:08am - Posted by: Anonymous
Be strong and of a good courage, fear not, nor be afraid...for the Lord thy God, he it is that doth go with thee; he will not fail thee, nor forsake thee.”
Judge keep the faith, you'll be just fine :)
Sun, 11/02/2008 - 7:02pm - Posted by: Anonymous
I'm reading these comments and am a little disquieted. Ladies and Gentlemen, this is a man who pronounces sentences on people commiting DUI. His own kind believes it is an ethical violation of his position. Sure, forgive and move on. Pay the penalty. But, he may have forfeited his position by his own actions.
No one forced him to drink. No one forced him to drive. If he had ridden a bicycle that evening, he would not be in this diffiuclty.
Another wrong does not make his wrong right.
What if instead of hitting a car, he had run over a child? Your friend? A family member?
Sun, 11/02/2008 - 6:04pm - Posted by: Anonymous
Judge Tourison is one of the best, if not THE BEST municipal court judges in the county. He owned up to his HUMAN error rather than trying to pull political strings as Lower Township Council members did with their DWI arrests. Judge Tourison learned his lesson, let it go....
Sun, 11/02/2008 - 5:33pm - Posted by: Anonymous
OK, I get it. Use chapstick, (does it matter which flavor?) and munch on a penny (I bet the dentist likes this one!) and you can fool the drunk-o-meter? Wow, that is highly scientific. When I quit laughing, I think I will have a drink!
Sun, 11/02/2008 - 5:29pm - Posted by: Anonymous
Judge Tourison is an upstanding member of the community and was observed many times, riding his bicycle after his license suspension, in lieu of trying to sneak out after dark and wearing disguises, like most people would have done. I have always found him compassionate, fair, and objective when I have seen him in court. I wish him well and the opportunity to put this behind him. He has already paid his price.
Sun, 11/02/2008 - 4:03pm - Posted by: Anonymous
Judge Peter Tourison, I commend your admission of guilt. I hope the community can forgive you and you can move on.