Posted on Jan 11, 2013

It looks like Thomas Gibson may be doing a little too much research into criminal minds. TMZ reported recently that he has been arrested for drunk driving.

The blog reports that Gibson was apparently driving in downtown Los Angeles at around 1:00 AM in the morning when he tried to drive through a section of town that had been blocked off for a half marathon. Gibson was stopped and told he couldn't drive through but he proceeded to do so anyway.

TMZ sources disclosed that police eventually stopped Gibson and smelled alcohol on his breath. As if that were not enough for the Criminal Minds star, he Gibson refused to take a breathalyzer test! He was then arrested and taken into custody.

Unlike New Jersey, however, he was not just released pending a hearing; bail was set at $15,000! On top of that, apparently the actor was a bit cash-strapped because as of TMZ's posting, he was still in custody!

What Does This Story Tell Us?

This story highlights a couple of key points for any drunk driving case. First, there is probable cause for the stop. If Gibson had simply driven away when he was told he could not drive down a particular street, he may well not have been arrested. Erratic driving, such as weaving in the road and being unable to stay in a traffic lane, is a classic basis for a DUI stop.

Second, he refused the breathalyzer! I have said many times on this site, and to countless clients, refusing to give breath samples is just about the worst thing you can do when it comes to a DWI stop. At least in New Jersey, the penalties for the refusal are the same as for DUI, and it can preclude many defenses that may have been available otherwise. We will just have to see what happens with Gibson in his case.

Check out our other news articles on interesting legal developments in New Jersey, as well as a wealth of information on bankruptcy, DWI, foreclosure, and traffic court. Should you have further questions or need additional information, please contact me to schedule an appointment.

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