Ed Burke Jr., the attorney representing the pop star Justin Timberlake on his June 18 drunken-driving charge in Sag Harbor Village Justice Court, argued Friday morning before Justice Carl Irace that the case should be dismissed on the grounds that police had erred when processing the arrest paperwork.
The "accusatory instrument" was insufficient, said Mr. Burke, in that a police sergeant assisted the arresting officer, Michael Arkinson, with the paperwork, but the supervising officer did not sign the documents himself.
Assistant District Attorney Ashley Cangro, the prosecutor, requested that the court allow her to submit a written response to the dismissal motion before Justice Irace rules on the issue. For now, the case will continue under an amended criminal complaint filed by Ms. Cangro, with an arraignment set for Friday, Aug. 2.
Mr. Timberlake, who is currently on a concert tour in Poland, is set to appear virtually. He was not present in the Sag Harbor courtroom on Friday, as the hearing did not require him to personally appear.
"The most important thing we have to say is that Justin should not have been arrested for driving while intoxicated. . . . Police made a number of errors in this case," Mr. Burke said after the hearing.
"The fact remains: he was not intoxicated," Mr. Burke continued. "I'll say it again: Justin Timberlake was not intoxicated."
The morning was a busy one in the Sag Harbor courtroom. Reporters, told by security that there might not be enough space, initially worried about not getting a chance to enter the courtroom. Eventually, security created one line for the press and one line for defendants.
T.E. McMorrow, a veteran cops-and-courts journalist, served as a media representative to watch the developments unfold and share them with his peers from other news outlets, while the rest stayed behind the metal detector separating the courtroom from the waiting area.
Eventually, security allowed members of the press to enter individually, as defendants left court for the day. To help manage the influx of media, Judge Irace paused routine morning courtroom operations to allow Mr. Timberlake's hearing to occur.
