Justin Timberlake leaves his arraignment in Sag Harbor on the...

Justin Timberlake leaves his arraignment in Sag Harbor on the morning of June 18 with his attorney, Edward Burke Jr. Credit: Doug Kuntz

Entertainer Justin Timberlake will be arraigned again next week in Sag Harbor Village Justice Court, this time virtually, after his attorney on Friday moved to have the case surrounding his June 18 DWI arrest dismissed on a technicality.

Timberlake will appear via video screen on Aug. 2 at 9:30 a.m. to be arraigned on a superseding misdemeanor DWI charge after his attorney, Edward Burke Jr., of Sag Harbor, said the original charging document lacked a sergeant’s signature and should be thrown out.

Burke appeared on behalf of his client, who is in Poland performing on "The Forget Tomorrow World Tour."

Assistant District Attorney Ashley Cangro noted new charging documents were filed July 2 that should address that flaw. The issue, she said, "does not rest on the facts and the circumstances of the case."

Burke said police made other errors, although he did not elaborate on those missteps.

"The police made a number of very significant errors in this case and you heard the district attorney trying to fix one of those errors just this morning up here in court," Burke told the media gathered outside the Main Street municipal building following Friday's court appearance. "But that’s just one, everybody, and there are many others."

The district attorney’s office found an error in the original accusatory instrument, a spokeswoman for the office said in a prepared statement Friday. It read, "On July 2, 2024, an amended accusatory instrument was filed correcting that error. The facts and circumstance of the case have not been changed or amended ... We stand ready to litigate the underlying facts of this case in court, rather than in the press."

Police mug shot of entertainer Justin Timberlake after his DWI...

Police mug shot of entertainer Justin Timberlake after his DWI arrest in Sag Harbor in June. Credit: Sag Harbor Police Department

Timberlake, 43, of Franklin, Tennessee, was driving a gray 2025 BMW with Florida plates south on Madison Street at 12:17 a.m. June 18 when he failed to stop at a stop sign at the intersection with Jermain Avenue, according to Sag Harbor Village police. He also failed to keep right, police said.

His eyes were bloodshot and glassy, he had a strong odor of alcohol on his breath, exhibited slowed speech and was unsteady on his feet, police said in court papers. The police report noted Timberlake "performed poorly on all standardized field sobriety tests." He did not consent to a breath test.

Timberlake pleaded not guilty to DWI and was released later that morning.

Burke asked that the pop star appear virtually next week for the arraignment.

Sag Harbor Village Justice Carl Irace said he was reluctant to allow a litigant to appear virtually, but ultimately agreed to the request. He stressed that the online court appearance would be "just as real" as an in-person proceeding and said the link would not be made public. Those who wish to watch would have to attend the village court and watch on a screen.

"This is a public proceeding that happens in a courtroom," Irace said.

Burke maintained that Timberlake, who told police he had one martini, was not drunk and that the case should be dropped.

"The facts remain he was not intoxicated," Burke said, adding that Timberlake respects police and the judicial process. "I’ll say it again: Justin Timberlake was not intoxicated and we’re very confident that charge, that criminal charge, will be dismissed."

With everything from shopping small to the hottest gifts, even where to eat while you are on a mall marathon, NewsdayTV's Elisa DiStefano and Newsday deputy lifestyle editor Meghan Giannotta have it covered.  Credit: Randee Daddona; Newsday / Howard Schnapp

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