Justin Timberlake He refused a breath test after failing to stop and stay in his lane while driving on Madison Street in the Hamptons early in the morning on June 18.
In documents obtained by Fox News Digital, the arresting officer claimed that when officers stopped Timberlake “he performed poorly on all standardized field sobriety tests.”
According to the documents, Timberlake, 43, told the arresting officer he had a martini and was heading home with some friends. After being arrested and taken to a police station in nearby East Hampton, he refused to take a breath test, the court papers said, listing his occupation as “professional” and saying he was “self-employed.”
*NSYNC members According to the complaint, his eyes were “red and glossy,” “his breath smelled strongly of alcohol” and he was “unable to divert attention.” The “Cry Me a River” singer also displayed “slurred speech” and was “unsteady on his feet.”
Justin Timberlake arrested, charged with drunk driving
Photo of Justin Timberlake released by the Sag Harbor Police Department. (Sag Harbor Police Department)
A legal expert told Fox News Digital that Timberlake’s refusal to take a breath test could “complicate” his legal proceedings.
“It is not uncommon for individuals arrested on suspicion of DWI to refuse a Breathalyzer test,” explained Trey Gober, a Texas trial attorney who handles DWI cases. “This decision may be motivated by a variety of factors, including prior advice from legal counsel or a misunderstanding of the legal implications.”
“Typically, such a refusal results in an automatic suspension of the driver’s license under implied consent laws, which state that drivers implicitly consent to alcoholism tests when obtaining a license,” he said. “Additionally, the refusal can be presented in court as evidence of a crime, though the implications can vary considerably between jurisdictions and judges. Prosecutors may argue that the refusal indicates the suspect’s awareness of their potential intoxication.”
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Justin Timberlake charged with driving under the influence. (Isabel Infantes/PA Images via Getty Images)
There was a time when criminal defense attorneys generally advised against using breathalyzers, but now most of them are divided on this.
“Refusal of a Breathalyzer test depends on a number of factors, including the specific circumstances of the arrest and the legal strategy. Legally, it can benefit the suspect by not providing concrete evidence of intoxication, i.e., BAC level,” Gober said. “However, it also carries significant risks such as statutory penalties and the possibility of a negative inference by a jury or judge.”
“Traditionally, most criminal defense attorneys generally advised against refusing to take a breath test, but now the advice of criminal defense attorneys is divided on whether it is better to voluntarily submit to the test,” he said.
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Justin Timberlake is currently on tour. (Photo: Kevin Mazur/Getty Images for Live Nation)
Another legal expert described Timberlake’s decision to refuse the test as a “smart decision” made to “protect” his constitutional rights.
“Justin did the right thing in maintaining his legal defense,” celebrity criminal defense attorney Michael Huff told Fox News Digital. “When you are taken into custody on suspicion of DUI, you should not submit to either a Breathalyzer or a Field Sobriety Standardized Test (FST). Doing so gives the investigator evidence he might not otherwise have. After that, the investigator can seek a warrant to draw blood to check your blood alcohol content (BAC).”
“Despite this, Justin’s defense attorney will have the opportunity to argue and present a full legal defense strategy based on other possible factors that may have caused him to be impaired,” explained the managing attorney at Huff Legal. “It is not certain that he was driving under the influence, since he was stopped.”
“While his license may be temporarily suspended, it will be reinstated if the charges are dropped or reduced. Justin Timberlake has made a smart choice to protect his constitutional rights to due process under the law.”
Justin Timberlake performs onstage during his “The Forget Tomorrow World Tour” at Rogers Arena on April 29 in Vancouver, British Columbia. (Photo: Kevin Mazur/Getty Images for Live Nation)
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Timberlake accused The Suffolk County District Attorney’s Office told Fox News Digital that the incident happened Tuesday morning in Sag Harbor, on the east end of Long Island.
A spokesperson for the D.A.’s Office told Fox News Digital, “At this time, we have no further comment.”
The district attorney’s office confirmed to Fox News Digital that Timberlake has been charged with one count of driving under the influence, as well as one count of failing to move to the right and failing to stop at a stop sign. He is expected to appear virtually for his first court hearing in the case on July 26.
Sag Harbor is a coastal village in the Hamptons, about 100 miles from New York City.
A spokesperson for Timberlake’s attorney, Ed Burke, told Fox News Digital, “There is no comment from Mr. Burke at this time.”
Justin Timberlake is expected to appear virtually at a court hearing on July 26. (Matt Winkelmeyer/Getty Images for Children’s Hospital Los Angeles)
The Associated Press contributed to this report.
