Justin Timberlake was arraigned for a second time in his driving while intoxicated (DWI) case on Aug. 2.
The singer, who is on a world tour, appeared virtually for the hearing in Sag Harbor, N.Y., where he was pulled over in June. During the hearing, the judge informed Timberlake that his driver’s license would be suspended and came down on his lawyer, Edward Burke Jr., for “irresponsible” comments.
What happened at the hearing?
Timberlake appeared via video conference from Antwerp, Belgium, wearing a black collared shirt, according to NBC News. He pleaded not guilty to a revised misdemeanor charge of driving while intoxicated in the Hamptons village.
Burke withdrew a previous motion to dismiss the case. Sag Harbor Justice Carl Irace officially suspended Timberlake’s license in New York. (The suspension could carry over to other states via the Interstate Driver’s License Compact.) The license will be suspended pending the outcome of the case.
Irace admonished Burke for making “irresponsible” comments to the media in what the judge called an “attempt to poison the case before it even begins.” The judge threatened — but has not yet imposed — a gag order. (Burke told the press outside court last week that Timberlake “was not intoxicated.”)
The next hearing is set for Aug. 9, but Timberlake is not required to appear in person at that one either. That will be followed by a hearing scheduled for Sept. 13, which he may be required to attend.
After Friday’s hearing, Burke briefly spoke to the press. Asked if his client maintains that he was not intoxicated at the time of his arrest, Burke said they are indeed maintaining that. He also said he doesn’t think the judge will impose a gag order against him: “Hey, we all have jobs to do, and we’re obligated to zealously defend our clients, and that’s what I plan on doing.”
Justin Timberlake’s lawyer Edward D. Burke Jr. on Timberlake’s DWI case and a judge’s threat to impose a gag order.
Timberlake pleaded not guilty to a revised DWI charge in a virtual court appearance in NY today
For more information about the case: pic.twitter.com/eXPWeR10PL
— Deadline Hollywood (@DEADLINE) August 2, 2024
In New York, a misdemeanor DWI conviction could result in up to one year in jail and $500 to $1,000 in fines. However, “it would be a rare thing that somebody, even with a [chemical test] refusal, would serve jail time as a first offender without an accident or egregious circumstances,” attorney Peter T. Goodrich, of Goodrich & Bendish in New York, previously told Yahoo.
Goodrich also explained that, separate from Timberlake’s criminal case, he will have a hearing with the Department of Motor Vehicles over his refusal of the breathalyzer. Under New York law, anyone who drives a motor vehicle in the state is deemed to have given their consent to chemical testing to determine the alcohol or drug content of their blood. Refusing to do so during a DWI arrest results in the person’s license being revoked for at least one year, independent of a criminal conviction.
Burke has not yet responded to Yahoo Entertainment’s request for comment about the Aug. 2 hearing.
How did we get here?
Shortly after midnight on June 18, a Sag Harbor police officer pulled over Timberlake in his BMW after the officer said he saw him weave out of a lane and go through a stop sign, according to the arrest report. The officer said Timberlake, who had been at the restaurant and bar of the American Hotel, had “bloodshot and glassy” eyes, was unsteady on his feet and that there was an odor of alcohol on his breath. Timberlake told the officer he had “one martini,” according to the report. He performed poorly on the field sobriety test, the officer claimed, and refused a breathalyzer test. Timberlake was held in police custody until his arraignment, at which he pleaded not guilty and was released without bail.
At a hearing on July 26, for which Timberlake also appeared virtually, his attorney attacked the case on procedural grounds, saying the arresting officer’s supervisor didn’t sign off on the criminal complaint. The Suffolk County district attorney’s office said there was a “ministerial error” in the arrest paperwork that had been fixed and that Timberlake would be re-arraigned under the revised complaint.
It was after that hearing that Burke told the press his client “was not intoxicated. I’ll say it again: Justin Timberlake was not intoxicated, and we’re confident that charge — that criminal charge — will be dismissed.” A Suffolk County district attorney’s spokesperson said in a statement, “We stand ready to litigate the underlying facts of this case in court, rather than in the press.”
Why wasn’t Timberlake in court?
The singer — whose only comment about the DWI charge was when he was onstage in Chicago immediately following his arrest and referred to having a “tough week” — hasn’t attended the last two hearings because he’s been in Europe on his “Forget Tomorrow World Tour.” He has shows in Belgium on Aug. 3 and Aug. 4, and then he’ll go to the U.K. for several shows.
If he is mandated to appear in person at his next hearing on Sept. 13, it will be during a break in his shows. According to his tour schedule, Timberlake will be in France for a tour date on Sept. 7 but then has nothing until a Sept. 28 show in Newark, N.J.
