On Thursday, April 30, the Ventura County District Attorney’s Office filed a misdemeanor complaint against Britney Spears following his arrest for drunk driving on March 4. Earlier this month, she entered a rehabilitation center with the encouragement of her two sons, Sean Preston and Jayden James. The official accusation comes a few days before the “Toxic” singer’s appearance scheduled for Monday, May 4.
Britney Spears can potentially avoid prison time in her DUI case
Following her misdemeanor charge, officials told PEOPLE magazine that the “Oops!…I Did It Again” singer would be offered what is commonly referred to as a “wet reckless” because she has no history of drunk driving. She was also not involved in an accident and had a low blood alcohol level at the time of her arrest.
A “wet reckless” typically allows a person to plead guilty to dangerous driving involving drugs and alcohol and be placed on probation for 12 months, with credit for any time served. The “Lucky” singer was arrested on the night of March 4 and released the next morning. So she is unlikely to get credit for time served. She will also have to take a DUI course and pay state-imposed fines and fees if she accepts this offer.
Britney Spears’ sons played a big role in her stay in rehab
Officials said resolution is “common” when an individual “demonstrates personal motivation to address underlying issues through rehabilitation or a drug and alcohol treatment program.” The “Crossroads” actress voluntarily entered a treatment center earlier this month before her arraignment.
“Her sons played a big role in her time in rehab. They’ve been clear with her. They just want her to be healthy,” a source told the newspaper. “She was very upset and shaken after her arrest. And she’s afraid of going to jail. It took her weeks to realize that going to rehab was the best option.”
Britney will not have to appear in person at her hearing
Although Spears is arraigned on May 4, she will not have to appear in person since it is a misdemeanor charge. Instead, her lawyer will appear in person to represent her. A legal expert previously told PEOPLE magazine that her decision to seek help would only strengthen her case.
“[Voluntarily seeking treatment] shows the court and prosecutors that the person is taking the situation seriously before they are ordered to do anything,” said Bobby Taghavi, managing partner of the personal injury law firm Sweet James and a former prosecutor in the Orange County District Attorney’s Office who is not involved in the Spears case.
“Judges tend to respond better to proactive accountability rather than last-minute ‘damage control,’” he added.
Will Britney Spears lose her license?
It remains to be seen whether Spears will lose her license, although Taghavi felt it was likely the pop princess would not have to spend time behind bars over the incident.
“It is not guaranteed protection against detention, [but] “Most judges view it favorably as mitigation, especially when it is documented, consistent and shows real commitment,” he explained. “But the court will always look at the underlying facts, and judges prefer proof of participation or completion, not just an announcement.”
He noted that typical DUI cases typically result in a suspension of about four months and explained that while jail is “technically possible,” it is “often not the centerpiece” of the case. He noted that similar outcomes typically include probation, fines, penalties and DUI school.
Britney Spears’ rep calls incident ‘completely inexcusable’
The day after her arrest, a spokesperson for the “Gimme More” singer called her arrest an “unfortunate incident” and “completely inexcusable.”
“Britney will take the right steps and comply with the law and I hope this can be the first step in a long overdue change that needs to happen in Britney’s life. Let’s hope she can get the help and support she needs during this difficult time,” the statement read.
He goes on to say, “Her boys are going to spend time with her. Her loved ones are going to come up with a much-needed plan overdue to set her up for health success.”
Britney shares sons Sean Preston and Jayden James with her ex-husband, Kevin Federline. He previously said through his attorney that he was “happy” to see she was seeking help.
