Edward Burke Jr. confirmed his arguments with TMZ, adding that the police allegedly "made serious errors" while taking the former boy band member into custody. Burke confirms with the outlet that he has filed a motion to dismiss the case on the grounds of "accusatory instrument defect," saying the issue lies with the document that makes the accusation formal.
(Photo:
SAH HARBOR, NY - JUNE 18: (EDITOR?EUR(TM)S NOTE: This Handout image was provided by a third-party organization and may not adhere to Getty Images?EUR(TM) editorial policy.) In this handout image provided by the Sag Harbor Police Department, Musician Justin Timberlake is seen in a booking photo on June 18, 2024 in Sag Harbor, New York. Timberlake was charged with driving while intoxicated. (Photo by Sag Harbor Police Department via Getty Images)
- Sag Harbor Police Department via Getty Images)
"The most important fact to know about this case is that Justin was not intoxicated and should not have been arrested for DWI. The police made a number of very significant errors in this case," Burke said. "Justin respects law enforcement and the very important job that they do. He cooperated with the police officers at all times and treated them with the respect they deserve. He also respects the entire judicial process including the District Attorney and Judge who were in court today. But the fact remains, he was not intoxicated and they made an error in arresting him for it. We are confident that this charge will be dismissed."
This stands in contrast to the description of events from the night of the arrest, including the claim that the same officer reportedly pulled over Timberlake twice , and the second stop resulted in the arrest. Due to the issue with the charging instrument, a re-arraignment will be held on August 2, which Timberlake will have to attend virtually.
"His eyes were bloodshot and glassy, a strong odor of an alcoholic beverage was emanating from his breath, he was unable to divide attention, he had slowed speech, he was unsteady afoot and he performed poorly on all standardized field sobriety tests," the court documents have read. Timberlake also informed the officer that he had one martini on the night, leaving to follow his friend's home.
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