SPARTA — An appeals court upheld the drunken driving conviction today of a former municipal court judge who was also convicted of continually burping to avoid a breath test. The decision upheld the verdict on George Korpita, 50, a former judge in Dover, Rockaway and Victory Gardens, was convicted of his second DWI offense, refusing to take a breath...
George Korpita pleads guilty to an earlier DWI before Morris County Superior Court Judge Salem Ahto in Morristown in this 2007 file photo.SPARTA — An appeals court upheld the drunken driving conviction today of a former municipal court judge who was also convicted of continually burping to avoid a breath test.
The decision upheld the verdict on George Korpita, 50, a former judge in Dover, Rockaway and Victory Gardens, was convicted of his second DWI offense, refusing to take a breath test and careless driving. He was convicted following a two-day bench trial in Sparta municipal court in 2009.
During the trial, a Sparta police officer testified Korpita, a resident of Landing, had audibly burped 78 times as the Alcotest was to be administered to him. A DWI suspect who burps just before the breath test has to wait 20 minutes before blowing into the device because a belch can skew results.
In its 13-page ruling, the appellate court ruled there was "substantial, credible evidence" to support Korpita’s convictions.
"Defendant admitted consuming alcohol, and (Sparta patrolman Joseph) Pensado opined defendant was intoxicated based upon the strong odor of alcohol on his breath, his slurred speech and his failing the field tests," the three-judge panel wrote.
The court also noted a Sparta police officer testified Korpita stopped burping immediately after being charged with refusing to take a breath test.
In his appeal, Korpita’s attorney, George Daggett, had claimed there was "insufficient, credible evidence" to support the convictions.
Korpita was arrested on Feb. 15, 2008, after he left a Sparta restaurant with his girlfriend following a belated Valentine’s Day dinner.
Previous coverage:
• Former Morris County judge found guilty of second DWI
• Former Morris judge pleads not guilty in DWI case
• Ex-judge charged with second DWI
• Morris judge pleads not guilty to drunk driving
• Morris judge charged with DWI takes leave of absence
• Arrest report says judge failed several sobriety tests
• Cops: Morris judge's blood alcohol was 3 times legal limit
• Municipal court judge charged with drunk driving in Roxbury
