Mel Gibson charged with misdemeanor drunken driving



LOS ANGELES (AP) - Mel Gibson was charged Wednesday with misdemeanor drunken driving, having an elevated blood-alcohol level and having an open container of liquor in his car.


The three counts were filed by Los Angeles County prosecutors five days after Gibson was pulled over on Malibu's Pacific Coast Highway for speeding and he made anti-Semitic comments to the arresting deputy.
The open container violation, for a bottle of tequila allegedly found in his car, is an infraction of the vehicle code.

The charges did not mention Gibson's self-described "belligerent behavior" toward the deputy or any allegation of speeding. Arraignment was set for Sept. 28 in Malibu Superior Court.

If convicted, Gibson faces up to six months in jail, the district attorney's office said.

There was no immediate reply to an e-mail seeking comment from Gibson's publicist. A message seeking comment was also left for his lawyers, Blair Berk and Barry Tarlow.

"The ball is now in his court whether he is going to ask for a trial," said district attorney's spokeswoman Sandi Gibbons.
She said Gibson does not have to appear for his arraignment and can have a lawyer appear for him instead.

First-time misdemeanor drunken driving offenders usually face minimal, if any, time behind bars.

If convicted, it would be up to the judge to determine if Gibson would have to serve any time, Gibbons said.

"They might count the time he spent in custody as time served," she said.
The Sheriff's Department said Gibson was stopped at 2:36 a.m. Friday after being seen speeding at 87 mph in a 45-mph zone. Authorities said his blood-alcohol level tested at 0.12 percent. A California driver is legally intoxicated at 0.08 percent.

According to a law enforcement official who spoke on condition of anonymity, the sheriff's report says Gibson told the arresting deputy: "The Jews are responsible for all the wars in the world," and asked him, "Are you a Jew?"

Gibson has issued two public apologies since then, and his publicist, Alan Nierob, has said the actor-director was in an ongoing program for alcohol abuse before the arrest and has entered another, on an outpatient basis.
The latest apology addressed the Jewish community directly.

"I want to apologize specifically to everyone in the Jewish community for the vitriolic and harmful words," Gibson said in a statement issued by his publicist. "Please know from my heart that I am not an anti-Semite. I am not a bigot. Hatred of any kind goes against my faith.

Gibson, 50, has had a troubled relationship with Jewish organizations since his 2004 blockbuster "The Passion of the Christ," which some criticized for portraying Jews as responsible for the death of Jesus. Supporters say the movie merely followed the Gospel story.

Gibson's apologies weren't accepted by former TV producer Merv Adelson, who took out an ad in Wednesday's Los Angeles Times blasting moving studio heads for not strongly and publicly condemning Gibson.

"Let's make ourselves proud and NOT support this JERK in any way, just because he's a so called 'star,'" wrote Adelson, co-founder of Lorimar Productions, which produced such TV hits as "Eight is Enough" and "The Waltons."

The Sheriff's Department has denied allegations of a cover-up that stem from an initial account that described the arrest as occurring without incident and which made no mention of Gibson's remarks to the deputy.
An independent county office that investigates allegations of wrongdoing by the department announced after a preliminary review that the arrest was handled within policy.

But the head of the agency, Michael Gennaco, said Tuesday he wouldn't have described the arrest as being without incident, and he couldn't say whether the department tried to shield Gibson's remarks from the public when the original arrest report was ordered modified and the comments placed in a supplemental report.

In a related matter, sheriff's spokesman Steve Whitmore said it was not a violation of department policy when a sergeant drove Gibson to a tow yard to retrieve his car after being cited and released on his own recognizance. "It's within our policy to help people out and also to avoid a possible conflict," Whitmore said, describing the brief trip in a patrol car. "We didn't want Mr. Gibson to get into any kind of disturbance with the paparazzi."

If idiot is an option that's my vote

Is there a distinction?

Mel Gibson charged with misdemeanor drunken driving



LOS ANGELES (AP) - Mel Gibson was charged Wednesday with misdemeanor drunken driving, having an elevated blood-alcohol level and having an open container of liquor in his car.


The three counts were filed by Los Angeles County prosecutors five days after Gibson was pulled over on Malibu's Pacific Coast Highway for speeding and he made anti-Semitic comments to the arresting deputy.
The open container violation, for a bottle of tequila allegedly found in his car, is an infraction of the vehicle code.

The charges did not mention Gibson's self-described "belligerent behavior" toward the deputy or any allegation of speeding. Arraignment was set for Sept. 28 in Malibu Superior Court.

If convicted, Gibson faces up to six months in jail, the district attorney's office said.

There was no immediate reply to an e-mail seeking comment from Gibson's publicist. A message seeking comment was also left for his lawyers, Blair Berk and Barry Tarlow.

"The ball is now in his court whether he is going to ask for a trial," said district attorney's spokeswoman Sandi Gibbons.
She said Gibson does not have to appear for his arraignment and can have a lawyer appear for him instead.

First-time misdemeanor drunken driving offenders usually face minimal, if any, time behind bars.

If convicted, it would be up to the judge to determine if Gibson would have to serve any time, Gibbons said.

"They might count the time he spent in custody as time served," she said.
The Sheriff's Department said Gibson was stopped at 2:36 a.m. Friday after being seen speeding at 87 mph in a 45-mph zone. Authorities said his blood-alcohol level tested at 0.12 percent. A California driver is legally intoxicated at 0.08 percent.

According to a law enforcement official who spoke on condition of anonymity, the sheriff's report says Gibson told the arresting deputy: "The Jews are responsible for all the wars in the world," and asked him, "Are you a Jew?"

Gibson has issued two public apologies since then, and his publicist, Alan Nierob, has said the actor-director was in an ongoing program for alcohol abuse before the arrest and has entered another, on an outpatient basis.
The latest apology addressed the Jewish community directly.

"I want to apologize specifically to everyone in the Jewish community for the vitriolic and harmful words," Gibson said in a statement issued by his publicist. "Please know from my heart that I am not an anti-Semite. I am not a bigot. Hatred of any kind goes against my faith.

Gibson, 50, has had a troubled relationship with Jewish organizations since his 2004 blockbuster "The Passion of the Christ," which some criticized for portraying Jews as responsible for the death of Jesus. Supporters say the movie merely followed the Gospel story.

Gibson's apologies weren't accepted by former TV producer Merv Adelson, who took out an ad in Wednesday's Los Angeles Times blasting moving studio heads for not strongly and publicly condemning Gibson.

"Let's make ourselves proud and NOT support this JERK in any way, just because he's a so called 'star,'" wrote Adelson, co-founder of Lorimar Productions, which produced such TV hits as "Eight is Enough" and "The Waltons."

The Sheriff's Department has denied allegations of a cover-up that stem from an initial account that described the arrest as occurring without incident and which made no mention of Gibson's remarks to the deputy.
An independent county office that investigates allegations of wrongdoing by the department announced after a preliminary review that the arrest was handled within policy.

But the head of the agency, Michael Gennaco, said Tuesday he wouldn't have described the arrest as being without incident, and he couldn't say whether the department tried to shield Gibson's remarks from the public when the original arrest report was ordered modified and the comments placed in a supplemental report.

In a related matter, sheriff's spokesman Steve Whitmore said it was not a violation of department policy when a sergeant drove Gibson to a tow yard to retrieve his car after being cited and released on his own recognizance. "It's within our policy to help people out and also to avoid a possible conflict," Whitmore said, describing the brief trip in a patrol car. "We didn't want Mr. Gibson to get into any kind of disturbance with the paparazzi."
I say he is human. He who is without sin, cast the first stone. We all make mistakes in life. Unfortunately, since he is so much in the public eye, his mistakes are spotlighted.

yes he is human...but no denying the man is a wack job...sure Tom Cruise is loving this as he is old news now

What he said was wrong I would definitely agree with that.

What I am getting tired of all this hysteria that happens every time a ethnic or religious slur comes out of someone’s mouth.

Nobody is perfect. We have all said something degrading about a race, gender or religion at some time in our lives. We may have been joking, we may have been angry, we may have been intoxicated but it has come out of our mouths. Does it make it right? No. Does it solve anything for the populace to throw a fit every time it happens? No.

What it comes down to is this, He was drunk, and he did something stupid.
Now he is paying the price for it. In the end, he will face the same penalty in other person will for DUI. He will have is day in court, he will pay his fines and probably have attend a DUI school.

Mel is not the first person to be drunk and scream hate speech at a cop. I am sure there are police officers all over this country booking angry drunks in jail this very moment. I guarantee every cop has been called a foul name at least once in the last week. Most forget about it and chalk it up to being trashed.

If anything I think, it shows the police officer that made the comment is weak. He/she saw this as an opportunity to strike back at Gibson. Any good cop would have left this out and blamed it on his drunkenness. The only time this comment may have been included in a report or reported to the media, is if someone was seriously hurt or if he was a repeat offender.


We all do stupid things when we are drunk. I am calling him a human being that made mistake and now he is learning a lesson that will stay with him forever.

(BTW DUI is a civil crime it is not a criminal crime.)


It seems that Oklahoma statues would disagree. The following comes courtesy of Oklahoma City DUI attorney Charles Sifers (http://www.siferslaw.com/#Oklahoma%20DUI%20Law):




Oklahoma DUI Law (Okla.Stat.tit. 47,§11-902 (http://www.oscn.net/applications/oscn/deliverdocument.asp?citeID=439901))


Being arrested for DUI or APC creates TWO (2) different legal cases. Both cases proceed against YOU at the same time:



1. THE CRIMINAL COURT CASE:

The first legal case or problem your arrest has produced is a criminal case. DUI or APC are crimes that are prosecuted in ALL courts in the State of Oklahoma, whether at the Municipal Court OR District/State Court levels.


There are three (3) basic alcohol related charges that you could face as a result of a DUI/APC arrest: DUI; APC; and/or DWI.


DUI is charged against drivers - you - when you are stopped while driving and are under the influence of alcohol and/or drugs OR you have a breath blood test (http://www.siferslaw.com/Breath%20Test-1.htm) result of .08% BAC or higher, OR if you REFUSE the test. Punishment upon WHERE the case is filed. It can range from a fine only in some of the Municipal Courts of smaller cities or towns. In the Oklahoma City OR Tulsa Municipal Court(s), the fine can be up to $1,200.00 and/or jail up to six (6) months. In the District Court(s) of Oklahoma, the fine can be up to $1,000 and the jail sentence can be up to one (1) year. And, if the breath/blood test is .15% BAC or higher (http://www.siferslaw.com/Aggravated%20DUI%20in%20Oklahoma.html) , a charge called"AGGRAVATED DUI" (http://www.siferslaw.com/Aggravated%20DUI%20in%20Oklahoma.html) can be filed against you! Upon a conviction, you can face all these same penalties, but you will ALSO be required to complete a mandatory in-patient treatment program with one (1) year aftercare, 480 hours of community service, and install a interlock on all vehicles. This can happen EVEN for a first offense!! Persons with prior convictions of DUI or APC can face fines up to $5,000.00 & jail sentences up to ten (10) years. They, also can face the same mandatory requirements of the interlock, in-patient treatment/aftercare, community service, and EVEN forfeiture of their vehicles! Click Here for Punishments for DUI / APC (http://www.siferslaw.com/Crime-Punishment.html).

APC is charged against you when you are in a vehicle and under the influence, like in DUI. Breath or blood test (http://www.siferslaw.com/Breath%20Test-1.htm)are requested of the person who is arrested for this charge, just like in a DUI. However, in these cases, you are NOT driving, but parked or sitting still on a street or parking lot but, COULD drive if you wanted to do so. This crime is, effectively, the SAME THING as DUI!! It carries ALL OF THE same punishments and driver’s license problems as a DUI!

DWI This crime is Driving While Impaired, NOT Driving While Intoxicated. This is charged against the driver who has an alcohol level of greater than .05% but less that .08% BAC, and carries lesser punishments in most courts than DUI/APC. The punishments are generally about one-half that of DUI or APC. License revocation DOES NOT occur with a test result of below .08% BAC. Therefore, an arrest for DWI will NOT trigger the license problems of a DUI or APC. However, DWI can revoke your license, though, for thirty (30) days BUT ONLY if you are is convicted of the charge.



2. THE DRIVER'S LICENSE CASE (http://www.siferslaw.com/Driver%27s%20License.htm):

The first of these two legal cases or problems has to do with your Driver's License (http://www.siferslaw.com/Driver%27s%20License.htm). In almost EVER case, this is set into motion BEFORE your first court date.

A driver’s license is usually the only picture identification people carry that allows them to cash checks or get on an airplane, etc. An arrest for DUI or APC WILL cause YOU to lose YOUR Driver’s License. Most times, this loss will cause greater overall harm in life than paying any fine or court cost.

The Department of Public Safety (DPS) will take YOUR license from YOU for a six (6) month to three (3) year period of time (depending on your prior record) for failing the test with a score of .08% OR higher BAC (breath/blood alcohol concentration), OR .02% BAC or more if you are under 21 years old. YOU will also lose your license for REFUSING to take the test, too, just like you have "failed" it. In addition, if you have a CDL and refuse a test, you will be disqualified for one (1) year, no matter WHAT vehicle you are driving at arrest. Any driving you do during the time YOUR license is revoked, can result in additional criminal charges AND additional periods of license revocation! Also, the Attorneys for the DPS of Oklahoma have already began the DRIVER’S LICENSE CASE against YOU before most Criminal Court appearances even begin!

Okay I was wrong…

The information I have is incorrect.

Are all the super large letters and bold print necessary?

The article would have sufficed. This is just a discussion board it is not the Heavyweight Championship of Debating. You are not going to win a prize for proving anyone or me else wrong. If anything, you are just going to drive some people way.

At the end of the day, does it really matter who is right or who is wrong? No, it is not a courtroom, the Supreme Court or congress. This board is nothing more then some nice friendly folks expressing their opinions and sharing news about OKC.

Save yourself the Myocardial Infarction, relax and have fun on this site. It does not have to be about winning arguments.

In vino veritas.

I think maybe we've just seen Mel's true colors.

Are all the super large letters and bold print necessary?
I simply copied and pasted from that website. I didn't change the formatting, add my own bolding or used "super larger" letters. That is simply how it translated from the website into this forum.



This is just a discussion board it is not the Heavyweight Championship of Debating. You are not going to win a prize for proving anyone or me else wrong. If anything, you are just going to drive some people way.
I simply was correcting a factually incorrect statement. You made a declarative statement as if it were fact; I simply provide other readers who may have been misled with the facts.



At the end of the day, does it really matter who is right or who is wrong? No, it is not a courtroom, the Supreme Court or congress. This board is nothing more then some nice friendly folks expressing their opinions and sharing news about OKC. I was not debating an expressed opinion; I was correcting a misstatement of fact. Are you saying the facts have no place in this forum? Are we all entitled to our own facts?



Save yourself the Myocardial Infarction, relax and have fun on this site. It does not have to be about winning arguments.
I wasn't arguing. I simply corrected an error in fact. Your response would suggest you should be more concerned about relaxing and the "Myocardial Infarction."

To your previous point about Gibson, I agree with much of what you said in that particular post. There is indeed an overreaction to the incident. Gibson has a problem, he has admitted that. If people are offended by what he said while under the influence, they have no obligation to support him by watching his movies (or in the case of Hollywood) profiting from his movies.