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It's Official: Angie Everhart, Defendant

5/1/2008 1:40 PM PDT BY TMZ STAFF

Law enforcement sources tell TMZ Angie Everhart has been charged with one count of driving under the influence after being popped in L.A. last week.

The actress was busted at 2:00 AM after LAPD officers saw her perform that famous California roll at a stop sign. She refused to submit to a sobriety test. We're told she made a point to the fuzz that her lawyer, famed OJ attorney turned LegalZoom.com guru Robert Shapiro, had advised her never to submit to such a test. The police determined she was under the influence.

BTW, by refusing to submit to a sobriety test, her license will automatically be suspended.

She's scheduled to appear on May 15 in front of Judge Michael Sauer, the same dude who threw the book at Paris. Good luck with that!

14 COMMENTS

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1.

jollyex    

"...threw the book at Paris." ??? Hardly!

2310 days ago
2.

Ooooo Noooo!    

Threw the book at Paris? ROFLMAO
New law time: You refuse the breath test we take you to the hospital for a blood test and there is NO refusal. Let's get serious and stop the legal game playing -- stop drunk driving deaths. You want to drink at the club? Fine: take a cab or limo. You drink, you drine, you shoul go to jail. Period.

2310 days ago
3.

Tangie    

Isn't she engaged to Joe Pesci?

2310 days ago
4.

Kelli    

She better start carrying a Bible and get on Larry King quick.

2310 days ago
5.

samo    

so throwing the book at paris got her how much time? 3 days inside before they gave her house arrest! making a joke of the system, especially when 1 in 100 adults in the US is in jail right now.

2310 days ago
6.

tba    

Didn't she already kill someone while under the influence?

2310 days ago
7.

Mike B    

Refusing a field sobriety test means nothing. You do not have to do those. It is if you refuse a Breath, Blood, or Urine test that you lose your license.

Get it right.

2310 days ago
8.

ruf    

Without a mugshot, this isn't a story worth printing.
Besides, it happened over a week ago.
TMZ is getting slow...........

2310 days ago
9.

paige    

Right, they can't make you submit to field sobriety tests. Her lawyer advised her against submitting to such tests because if cop s asks you to submit to field sobriety tests they have already decided to arrest you and the tests are just for "evidence gathering" so the cops have more ammunition for testa-lying. They can however take your driver's license if you refuse to submit to CHEMICAL testing. I seriously doubt her lawyer advised against taking those because if you refuse them the state ASSUMES that you had the HIGHEST threshold of blood alcohol content. And they take your license away for at least a year. Much better to take the tests even if you are beyond wasted because it can't really get worse than "highest threshold" and if you take them you'll probably only lose your license for about three months for a first time offense. I do have to wonder though, was she getting advance counseling from her attorney on how to handle a DUI, and if so, why?

2310 days ago
10.

Grammar Nazi    

#2, when you say "we", I assume you mean cops, so I assume you are a cop. You are not a lawyer. Lawyers often advise their clients not to take sobriety tests. There are a host of reasons. My law professor even warned us that telling a cop you're not going to cooperate will make them scream and shout. A cop's favorite phrase is "It will go better for you if you cooperate" which isn't always true, it just makes the cop's job easier. They absolutely despise it when you tell them your lawyer told you not to.

"You want to drink at the club? Fine, take a cab" etc.

Guess what, sometimes people stopped for "drunk driving" have only had a single drink at dinner, and are just being pulled over for a regular traffic stop, not crazy reckless driving. A rolling stop could mean that it was 2 am, no one else was on the road, and she didn't pause long enough at the stop sign in the middle of a deserted intersection. If a breathalyzer is taken within a certain amount of time after the last sip, it will register a higher BAC than the person actually has. This, among others, is just one reason why you, as a cop, may think everyone should submit to you and anyone who doesn't is a reckless criminal. You're wrong, however, and your attitude here displays exactly why people don't trust cops. A faulty breathalyzer could cost someone their license for a long time, as well as thousands in fines and/or legal fees. I'd rather lose my license for 6 months than go through that hell. I'm not going to call a cab every time I want to have a beer with my dinner. I'm not saying this chick is not guilty, but I am saying that it's not a black and white situation every time.

Your tough guy, "guess what buddy THIS is happening" attitude is kind of gag inducing.

2310 days ago
11.

Grammar Nazi    

Also, if you're in the situation I explained, waiting to get taken to the station and then submitting a test can provide a more accurate reading if you're worried about that last sip I referred to, which is why it makes sense for some people to do it. It's just not always a good idea to take it right away.

2310 days ago
12.

Bubblebunny    

I think Joe Pesci dumped her because she was twice his size, and three times as drunk. This cannot be attractive or sexy.

2310 days ago
13.

J    

NEVER submit to a field sobriety test, but ALWAYS submit to a chemical test. The first isn't trustworthy, the second is. Also the first isn't required, the second is. Doesn't matter though, because she's in front of Judge Sauer, who is so addicted to the press that he'll give her the maximum based on her name only. To those who laugh at him throwing the book at Paris, I would suggest you look at others who violated their suspended licenses; Paris was punished much harsher than them. Judge Sauer has a terrible reputation in the court system for this.

2310 days ago
14.

bill    

# 10 you make the most scince of anyone!! sometimes it can be totally unfair, all these rock throwers im sure never do anything wrong

2310 days ago

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