By Peggy Wright
MORRISTOWN -- The husband of ''Real Housewives of New Jersey'' star Teresa Giudice will feature in his own drama on Aug. 20 when he is expected in Superior Court to appeal the sentence he got for driving while intoxicated.
Montville resident Giuseppe ''Joe'' Giudice, 40, was found guilty in March by township Municipal Court Judge Seth I. Davenport of driving while intoxicated on Jan. 14 on Jacksonville Road.He also was found guilty of careless driving and failure to maintain a lane after the 1:47 a.m. accident in which he flipped his truck.
In court papers, defense lawyer Joseph T. Afflitto Jr. argued that Davenport abused his discretion and that Superior Court Judge Philip J. Maenza, upon his review on Aug. 20, should amend an alleged excessive sentence.
Morris County Assistant Prosecutor Matheu Nunn, in court papers, said the imposition of community service or 30 days jail time was fully within the judge's discretion. Nunn noted that Giudice has an abysmal driving record and that Davenport rejected his defense in municipal court that he drank alcohol at a neighbor's house only after he flipped his truck.
Afflitto was not available for comment and Giudice could not be reached as his published home number has been disconnected.
Over the past 20 years, Giudice's license has been suspended for 9.4 years and at the time of the municipal court trial he had 39 points on his license. The sanctions were for such offenses as speeding, leaving the scene of an accident and careless driving. Afflitto contends the DWI was Giudice's first and that he was cooperative with police and didn't harm anyone by flipping his truck.
On the DWI, Davenport imposed $864 in penalties; revoked his driver's license for 12 months; and ordered him to perform 30 days community service. A 30-day jail sentence was suspended, providing the community service is completed.
The judge separately fined Giudice $236 for careless driving and failing to maintain a lane.
The Giudices are facing another real life drama: their personal belongings and contents of their lavish mansion in Towaco are scheduled to be auctioned off on Aug. 22 to pay creditors. The Giudices filed for Chapter 7 bankruptcy, with reported debts of $11 million and income of just $80,000.
Police investigating the crash located Giudice at his neighbor's house. At trial he tried to use what is known as a ''glove box defense,'' or claim of drinking after an accident so a blood test reading would be invalid.
His blood-alcohol content after the crash was .11 percent, or above the .08 percent at which a motorist is considered intoxicated in New Jersey.
Nunn also said that Davenport determined that the witness Giudice called to support his claim of drinking only after the crash ''completely lacked credibility'' and ''was out and out lying.'' The judge wanted Giudice to get the message that he had to respect motor vehicle laws, Nunn wrote.
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