In Sag Harbor Village Justice Court on Friday morning, Justin R. Timberlake, 43, of Franklin, Tennessee, was arraigned for the second time on the same misdemeanor DWI charge from June 18. As he had done during the previous arraignment, Sag Harbor Village Justice Carl Irace suspended Timberlake’s driving privileges in New York State because he had refused to take a breath test after his arrest a little after midnight June 18.
Timberlake was arraigned virtually, appearing on a pair of video screens, live from Antwerp, Belgium, where the pop star was scheduled to perform a sold-out show the following day. Timberlake is currently on tour in Europe, with his final show scheduled for September 7 in Decines Charpieu, France.
The reason for the second arraignment was because the police had improperly filled out the complaining document against Timberlake back on June 18. Instead of a superior officer signing off on the complaint, which had been filled out by the arresting officer who had been on the force for three months, an officer with even less experience on the force signed off on the document.
Last week, Timberlake’s attorney, Edward Burke Jr., moved to have the entire case dismissed based on that error.
However, on July 2, the arresting officer filled out an amended criminal complaint against Timberlake, following proper procedure. That new complaint was filed by the district attorney’s office with the court on July 2, well within the 90-day period in which such errors are allowed to be corrected, the district attorney’s office has pointed out.
On Friday, Irace gave Burke a choice: He could proceed with the motion to dismiss and face the possibility of his client being arrested again, or he could proceed with the arraignment.
Burke chose the arraignment.
Irace also warned Burke against making comments outside the court about the case. After a July 26 court date in which Timberlake was not required to be present for virtually, Burke held an impromptu press conference on the steps of the Municipal Building, stating that his client was “not intoxicated” at the time of his arrest.
Timberlake said little during Friday’s arraignment on the video screen.
The prosecution, led by Assistant District Attorney Ashley Cangro, agreed to share all bodycam and dashcam video with the defense.
The next court date, on Friday, is procedural.
Irace indicated that he might ask Timberlake to be present on the following court date, September 13. That happens to be the same day that Timberlake is scheduled to kick off his American tour with a show in Newark.