More details emerge in Justin Bieber Miami Beach arrest

 

Singer Justin Bieber, who was arrested last Thursday on Miami Beach, entered a written plea of not guilty on Wednesday and asked for a jury trial.

Bieber was arrested for DUI, driving with a suspended license and resisting arrest after he was pulled over for allegedly drag racing along Pine Tree Drive.

More details emerged from documents obtained exclusively Wednesday by Miami Herald news partner CBS4.

Bieber’s toxicology report revealed that he had both Xanax and marijuana in his system, two sources familiar with the investigation told CBS4 News. The report corroborates statements allegedly made by Bieber to police that he had smoked marijuana and taken prescription pills.

Bieber’s friend Khalil Sharieff tested positive for marijuana, the sources said.

According to the Miami Beach Police documents, Bieber gave his consent to the breathalyzer test and understood his rights. When police asked, “Knowing these rights, are you willing to answer my question without having a lawyer present?” Bieber answered no.

The documents said Bieber was given a breathalyzer test using the “Intoxilyzer 8000.” “The subject was observed for at least 2 minutes prior to the administration of the breath test to ensure that the subject did not take anything orally and did not regurgitate.”

According to the documents, the first two samples Bieber gave could not be measured.

The third breath test given at 5:37 a.m. gave a positive reading of .014, and a fourth sample measured .011. Both tests were under the legal limit under Florida law. Still, Bieber may not be off the hook.

“The state may still have a very strong case,” said defense attorney Mark Eiglarsh. “If the urine comes back with marijuana and or another controlled substance and the drug recognition expert says, I believe, based on the tests that I’ve performed, that he was impaired at the time, they have a very strong case.”

In a separate Miami Beach Police DUI test report, police smelled alcohol on his breath and listed his attitude as “excited, talkative, profanity, cooperative, insulting, and cocky.”

Police described his eyes as bloodshot and his pupils as dilated. Bieber “mumbled” and his face looked “flushed.”

Bieber also told police that he had a torn meniscus in his right knee.

On the DUI tests, police said Bieber couldn’t smoothly follow an object with his eyes or stand with his eyes closed and that when asked to walk a straight line, he “loses balance during instructions, starts before told to do so, doesn’t touch heel to toe, steps off line one or two times, raises one or both arms six or more inches to maintain balance, and doesn’t turn correctly or loses balance during turn.”

The report said Bieber, “initially let time lapse as he decided whether or not to take the breath test. Defendant (Bieber) then had extreme difficulty providing a continuous breath.”

Another document from police described the scene when Bieber was being arrested. The officer who drove the singer to the holding facility told him that he “reeked of marijuana.” Bieber, according to the report, replied, “Yeah, we were smoking all night at the studio.”

“Without question, Bieber’s attorney will attack the admissibility of all statements alleging that any statements he made, especially ones at the roadside,” Eiglarsh said.

Bieber told police he took medications for anxiety. When the officer began naming medications, Bieber said he didn’t know what he was prescribed. “Well, my mom takes care of all that stuff for me,” he said.

Surveillance video from the night of the arrest first obtained by CBS4 showed Bieber driving a yellow Lamborghini followed by a red Ferrari driven by Sharieff.

Police said he was driving 60 miles per hour in a 30 miles per hour zone when he was pulled over.

“If the GPS shows he wasn’t going any faster than 30 miles per hour, it will significantly hurt the state’s case,” Eiglarsh said. “What we do as defense lawyers, if we can find any inconsistency at all, even on a collateral matter, it could undermine the entire credibility of the lead officer.”

On Tuesday, a Miami-Dade County judge set a February 14 arraignment date for the superstar. During the arraignment, which he will not attend, prosecutors will formally file charges.

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