Reese Witherspoon and Agent Husband Arrested in DUI Incident (EXCLUSIVE)

Reese Witherspoon Arrested -- Actress &

Actress briefly jailed for disorderly conduct in Atlanta following husband's DUI arrest

Reese Witherspoon and her husband, CAA agent James Toth, were arrested and briefly jailed early Friday morning in Atlanta, Ga., after he was pulled over under suspicion of driving while intoxicated, confirmed an official at the city’s Dept. of Corrections.

While Toth is facing a DUI charge after driving in the wrong lane, Witherspoon was also arrested on a disorderly conduct charge according to a police report obtained by Variety. She was handcuffed after disobeying repeated instruction from the arresting officer, with whom she verbally sparred, to stay inside the vehicle.

The couple was released on bond at approximately 3:30 a.m. ET on Friday.

CAA, which employs Toth and represents Witherspoon, and her publicist, Meredith O’Sullivan Wasson, declined comment.

SEE ALSO: Witherspoon Keeps Low-Profile at ‘Mud’ Premiere Following Arrest

A court appearance is scheduled for Monday at 8 a.m. in Atlanta Municipal Court, but Witherspoon and Toth aren’t expected to appear, according to sources. Their attorney is expected to request that court date be postponed.

Witherspoon, 37, was with Toth, 42, in Atlanta shooting indie drama “The Good Lie.” Production on the film was not interrupted by the arrests, according to sources.

Witherspoon has been married to Toth since March 2011. The couple had a son, Tennessee James Toth, last September.

Toth was pulled over after midnight Friday driving a silver 2013 Ford Focus, which the officer witnessed weaving across a double line on Atlanta’s Peachtree St. Toth appeared disheveled and his breath smelled of alcohol, according to the police report, prompting the officer to administer a sobriety test.

As Toth walked in the Walgreens parking lot where the officer instructed him to pull over to, Witherspoon became increasingly agitated from the vehicle, which prompted the officer to warn her to stay in the car for the sake of her own safety.

“Mrs. Witherspoon began to hang out the window and say that she did not believe that I was a real police officer,” according to the police report. “I told Mrs. Witherspoon to sit on her butt and be quiet.”

Once Toth was placed under arrest, Witherspoon exited the vehicle and was instructed to get back in the car. According to the report, she “stated that she was a ‘US citizen’ and that she was allowed to ‘stand on American ground.'”

The officer then detailed how she resisted as he grabbed her arms to arrest as Toth attempted to calm her down.

As the report details, “Mrs. Witherspoon asked, “Do you know my name?” I answered, “No, I don’t need to know your name.” I then added, “right now.” Mrs. Witherspoon stated, “You’re about to find out who I am.”

The report also specified, “Mrs. Witherspoon also stated, ‘You are going to be on national news.’ I advised Mrs. Witherspoon that was fine.”

Though he told an officer he had only a single drink hours earlier, Toth blew a .139 on a Breathalyzer test administered at the scene. He also is facing a second charge for failure to maintain a lane while driving.

Witherspoon’s alleged violation, which is specified on the police report as “disorderly conduct (obstruction),” is a local municipal ordinance.

SEE ALSO: Witherspoon Finds ‘Engagements’ With Fox (EXCLUSIVE)

The arrest illustrates the delicate position agents can be put, along with the talent they represent, when they happen to be romantically linked to each other.

The arrest could also provide an unlikely career stumble for Witherspoon, one of an elite cadre of female actresses who has established herself for a time as a relatively reliable box-office draw going back to films in which she toplined such as “Sweet Home Alabama” and “Legally Blonde.” In addition, she has achieved critical respect in films like “Walk the Line,” for which she won an Academy Award playing the role of June Carter Cash in 2005.

Her success in part can be attributed to the squeaky clean image she’s maintained in over two decades of steady work. While like many a beautiful young female celebrity, Witherspoon is a fixture of tabloids that have picked apart the details of her romantic life and child-rearing, she has not seen her reputation dragged down by any serious improprieties.

How the arrests managed to stay out of a an increasingly aggressive tabloid press that has missed few opportunities to shine the spotlight on celebrity misdeeds is surprising and unclear. But the stakes for keeping the actress out of the public eye couldn’t be higher as she struggles to recover her career standing after a series of poorly performing films including “This Means War,” “Water for Elephants” and “Rendition.”

Toth and Joel Lubin were named co-heads of motion picture talent at CAA in September 2010. He first joined the agency in 1995 as a trainee, working his way up to agent status in 2000.

“The Good Lie” follows a young refugee of the Sudanese Civil War who wins a lottery for relocation to the United States with three other lost boys. They develop an unlikely friendship with a brash American woman, played by Witherspoon, but the young man struggles to adjust to his new life and his feelings of guilt about the brother he left behind.

Black Label Media is producing indie drama “The Good Lie” with Philippe Falardeau (“Monsieur Lazhar”) directing from Margaret Nagle’s screenplay.. Producers are Molly Smith and Black Label Media partners Trent Luckinbill and Thad Luckinbill, along with Imagine’s Brian Grazer, Ron Howard and Karen Kehela Sherwood. Imagine’s Kim Roth and Reliance’s Deepak Nayar are exec producing.

UPDATE: Witherspoon issued a statement late Sunday via her spokeswoman: “I clearly had one drink too many and I am deeply embarrassed about the things I said. It was definitely a scary situation and I was frightened for my husband, but that is no excuse. I was disrespectful to the officer who was just doing his job. I have nothing but respect for the police and I’m very sorry for my behavior.”


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  1. Jon Treadway says:

    Good for you for handling this the way you did, Reese– instead of doing a lot of PR and spinning it, you simply said, “I was drunk, I acted like a jerk, and I got what I deserved.”– no whining or trying to get out of it. You also apologized to the police and urged everyone to cooperate with the police and not do what you did. You couldn’t possibly have handled it better, or with more maturity and grace. You are to be commended.

  2. steve says:

    runnymeadeuk—-U r an IDIOT !! Are you on the Bimbo’s Payroll ?? –she was told Repeatedly—to stay in the CAR—She did not follow orders—Even her Husband said on tape now you have made this much worse—-Policeman never know–she could have had gun–become violent–you never know—This woman IS NOT SPECIAL !!!!

  3. runnymeadeuk says:

    There was no need to arrest Mrs. Witherspoon. Seems the policeman’s pride was offended, so he exercised his discretion to unnecessarily arrest & detain her, thereby making a bad situation worse. Although Reese may have been slightly intoxicated, she was within her rights to criticise the officer and complain. That’s still legal under the U.S. Constitution. She was not a threat to the cop and should have been treated with respect deserving of a lady (law-abiding taxpayer with no prior offences). Atlanta doesn’t deserve to benefit one cent from her film work there. I hope she’ll retain John Whitehead of Rutherford Inst. to represent her in a civil rights lawsuit against the city of Atlanta. God bless you Reese & Jim.

  4. Bob Sing says:

    Is “Do you know who I am” supposed to mean that Reese is better than everyone else and is above being arrested. She’s dropped off my Christmas card list!!!!

  5. What’s up Dear, are you really visiting this website daily, if so afterward you will absolutely take nice know-how.

  6. Thanks for sharing your thoughts. I really appreciate your efforts and
    I will be waiting for your further post thank you once again.

  7. Diane James says:

    People make mistakes, Reese is one of my favorite actress, she aint no Linsey Lohan at least.

  8. donna says:

    Just another dummy, I ‘ m really schocked, i thought she was a real sweetheart. I guess you really don’ t know the other person, unless you live with them. Really had me fooled…..

  9. SJ says:

    Actually, after all the hype has died down, I have a different take on this story now.
    *Not that a DUI is ever right.

    Let’s face it, she has 3 kids (she just had a baby awhile back), Reese and her hubby were in a new town (Atlanta), they wanted to go out and have a date/fun time without the kids for a change. We’ve all been there. They put back one too many remembering what it was like when they were dating.

    Not that what she did was right, but I think she thought he was in harm’s way. SHE got out of the car TO PROTECT HIM. Not herself. She played the celebrity card (“do you know who..”) in an effort to PROTECT HIM from going to jail etc… She put herself on the line FOR HIM. She didn’t want him going to jail, etc…. Who would? We’ve all tried to use anything to talk a cop out of a ticket.


    Obvioiusly, she’s very in love with this guy, (He’d be easier to dislike, if he wasn’t so handsome.) because when you’re in love with someone you’ll do a lot of things both good and bad that you normally wouldn’t do.

    Obviously, she has very strong feelings for this guy or she wouldn’t have done all of that.

    She ALSO Apologized which I haven’t really ever heard that many celebs do.

  10. 6britches says:

    The larger issue is Ms Reese being a mother of small children and acting this way. Perhaps if she wants rapid forgiveness she should dig into her deep pockets and donate meaningful dollars to a charity in Atlanta, I know how about Mothers Against Drunk Driving? Shame on Reese.

  11. Amanda says:

    Well, at least she had the good manners and good sense to apologize the next day. She should escape this unscathed for the most part.

  12. E. Smith says:

    “Laura Jean” should be thankful that her mug shot wasn’t a career-ending one. A good ol’ southern girl should know better.

  13. Mich says:

    An over zealous cop? Are you kidding? Or possibly as intoxicated as Mr.Toth? Ms.Witherspoon chose to get into a vehicle with her drunk husband and allow him to drive a vehicle that he did not have the faculties to control. She then proceeded to demean and threaten an officer of the law because she felt she was ENTITLED to be above the law.

    Ms.Witherspoon indicates she was “afraid” for her husband, perhaps she should save some of that fear for the innocent lives she, and her husband were putting into danger. A fearful person does not get out of the car to threaten a police officer, an aggresor does.

    Can’t wait to see Reese and her baby on the cover of People magazine talking about her night of “fear” and police brutality.


    • mnatividadc says:

      hi mich I don’t see an over zealous cop, either. i’m assuming REESE, was ACTING, when she said I’M AFRAID for my husband. WHAT A JOKE! WHAT A LIE! i’m guessing REESE and her husband have been driving drunk, many times over and they were finally caught. REESE proved to herself and everyone, that she is an aggressor. me too, can’t wait to REESE future remarks about that night in PEOPLE mag. why would someone, who can afford a TAXI, drive drunk? maybe they both liked the thrill of getting away with it, over and over again. if there was police brutality, we would know this by now. one lie after the other.

  14. Vi Mooberry says:

    I find it hard to believe that this couple couldn’t have been driven where ever they wanted to go if drinking was to be involved. Shameful! They’re lucky innocent victims were’s killed for their neglegence. When will the lesson be learned….Do not drink and drive! Very disappointing!

  15. KDT says:

    Who cares who you are!!!! I am sick of the entitlement that these people think they should have and just talk to someone who has lost a child to a drunk driver. I sure hope she never has to endure that loss!!!! I am sure that if a drunk driver was to kill one of her loved ones that we would have to listen to it for years!!!! Grow up and stop driving drunk!!!!

  16. steve says:

    The best part was–The cop did NOT know who she is—HAAAAAAA BIOTCH !!!!!!!

    • mnatividadc says:

      steve I agree, REESE thought if the cop knew who she was, they would let her, go drive away. REESE thought she and her husband were, ABOVE THE LAW. now, she knows she has to shrink her character, but the damage is done. REESE exposed her true colors. she could take a class on how to be humble and figure out, driving drunk can kill an innocent person. I believe REESE is in love with herself to the MAX. that’s a dangerous road to drive.

  17. Noman says:

    Clearly Ms. Witherspoon’s true nature came out under the influence of alcohol. She believes herself entitled to special treatment under the law to which the average citizen, who make up her fan base and source of income, is not. Its also strange that simply being pulled over while driving would be a frightening experience. It happens to thousands every single day and damn few of them finding it much beyond unpleasant.

  18. Reese Witherspoon says:

    Ya’ll got no right to ridicule me and my man. I know my rights! I know my rights!

  19. IVYPD says:

    It is a little disturbing that no one seems to be wondering whether Witherspoon actually broke any law by refusing to stay in the car. It does seem so, based on a 2007 Supreme Court ruling (Maryland v. Wilson) that an officer has the right to control passengers in this manner who are also detained due to the driver’s activities. But this question, which is arguably an essential part of the story, seems to be missing from this discussion. All the statements that she thought she was “above the law” don’t quite make sense if she actually thought the law didn’t require her to stay in the car, which isn’t so unreasonable — I wouldn’t expect the average Hollywood actress (nor the average person) to pay attention to lesser-known Supreme Court rulings.

  20. Rachel says:

    …her apology is a pathetic; a ridiculous attempt at saving face and her career. This sense of entitlement as a result hollywood stardom is an epidemic. If she was really adamant about taking responsiblity, they would make the dam court date and not waste everyone’s time and money. Enough –

  21. considerate says:

    Let he that is without sin cast the first stone. Yes what Reese and her husband did was wrong. But none of us is perfect. They did wrong, they are celebrities that is no excuse but this just reminds us that they are humans, all these negative commentors what would it be like if your life was put under scrutiny? What happened to humanity? their are some mean statements here. Look into yourselves. None of us is perfect. Thank God no one was hurt, this bashing from movie to talents to her career is uncalled for. She apologized, it is not for us to judge if that was genuine or not. Someday you will need forgiveness from a higher power. Judge not least you be judged also. Move on folks quit bashing.

    • Henry Barnill says:

      They could’ve KILLED someone! Don’t put out that “no one’s perfect” card when Reese clearly thinks she’s better than us. Did she apologize without the aid of PR? Did she show remorse? NO!

  22. donna stewart says:

    Why didn’t they just call a cab? Does Reece not make enough money? Why jeapordize others? How would they feel if someone hit their car, with their baby in it? Bet they would have a whole different opinion of the situation.

  23. Lily says:

    Now we really do know who she is, a self entitled bit*h.

  24. Jill says:

    Ilegally Blonde? Apparently Witherspoon’s face was bloated which begs the question,”how can one tell?

  25. Donna Brewster says:

    Ms. Witherspoon it appears since re- marriage had made poor choices selecting scripts. ?????

  26. Butterflyeleven says:

    Leave her alone. She screwed up, acted like a fool. Haven’t we all? She’s now sobered up & has apologized.Case closed.

    • Henry Barnill says:

      You are so easily fooled. She only “apologized” for her image. She thinks she was in the right.

  27. Testing testing dose this reply even work

  28. I am a long time fan of Resse Witherspoon think of her like a sister. I was reading somthing about her new marriage it said her husbands name was Tim Roth now it say Jim Roth or Toth what’s up w/ that are people protecting their identities the baby they hads names Tennese so you know I know what I read that’s strange after the arrests . I think she shouldn’t have been arrested and it’s a tragity in this country that U.S citizen our treated this way she didn’t assault the officer and wasent driving has every righ to freedom of speech amending her rights .Is an outrage how can that officer get away with pathetic attemp to scare Americans .I still want to know If officer was a legal citezen of Untited States he can be charged with disrupting civil rights act to freedom of speech act. You can’t controll people I don’t agree with the drunk driver husband though think he should have been able to use a bathroom in a drunk tank not jailed . To hash sentence for both they are acting like everyone is a meth dealer when alchole is legal so untill they ban Alochol in this State . Certainly is no means for jailing every junk driver and acting like its so unheard of for Americans in this situation to be upset. From Betty M Freeman

  29. Marsha Miles says:

    Why do we treat these actors and actress as gods! They are just people and even the best people make mistakes!!!!!

  30. A Fan says:

    I was hoping to hear she would redeem herself with a well founded apology. I was so pleased to see it at the end of the article. She still has class in my eyes. I believe this fits under the “everyone makes mistakes” category. Now let’s hope this is the last such story we here about
    “Mrs. Witherspoon”!

    • Henry Barnill says:

      Almost killing someone is never a mistake, and don’t tell me you actually buy that “apology”.

  31. So drunk he was crossing over into other lanes? There is no excuse when you are this wealthy. They could have taken a cab, or hired a limo. They have no excuse at all. They could have killed themselves and others. When they recover from being hulimiated, they will be able to thank this police officer for SAVING THEIR LIVES.

  32. Marla says:

    I heard that they called Lindsey Lohan as a designated driver but Lindsey refused ; Because she didn’t want to associate with People with lower values than her’s !!

  33. Ellyce says:

    For Reese, its grow up time. Thank God no one was hit by their driving. Perhaps the producers of this film that Reese is working on can make her realize how wrong she was, her effect on filmgoers, and that she and this husband are responsible for anything or anyone they harm when driving
    drunk. So opposite the roles that shes played on screen. The police officer was too kind.
    Wake up Hollywood. Wake up people. No one cares who she is .

  34. Cliffhanger44 says:

    Haha – the officer calling her “Mrs. Witherspoon.” I guess that makes Toth “Mr. Witherspoon.”

  35. Marge says:

    Went to school with her in Nashville. Total stuck up snob. Grew up rich and is even richer. Thinks she is better than everyone. Don’t they all??

  36. First off, why do you all spend so much energy and time belittling someone for a single incident in decades ? Second, your all hypocrites and you know it. Like none of you have ever done anything your not proud of. You all have skeletons in your closets. We’re human, we all make mistakes. Just thank God no one was hurt. Judge not and ye shall not be judged.
    Sincerely, just a nobody named Hank.

  37. plumloopy says:

    She plays a brash American, eh? Just don’t see it.

  38. Nevermind, Reese Witherspoon would like to remind you all that she is simply a Hollywood legend that deserves eternal axx kissing….

  39. Herschel says:

    Witherspoon said to the Police, do you know who i am? Police say`s no i don`t know who you are, but i know what you are…..she said i`m sorry bc this bean brain knew she couldn`t win with the Law…….These people are some of the dumbest people on the Earth, give em $ 10.00 and 30 minutes of camera time and these bean brains think they are the king of the world….what a laugh…….

  40. Who isn;t when you get caught

  41. Jessica d says:

    Scared for her husband??? How about others that were on the road NOT intoxicated!!!

  42. Sylvia says:

    I truly believe Reese was very exhausted and just wanted to defend her hubby and was frustrated with this horrible situation, she is a roll model in all she does. Just to show you, it can happen to anyone that is under stress. We love her and we all know when our loves ones get in trouble at time we go over board.

  43. Scotty says:

    Having read some comments here regarding what occurred it appears that there are some who think that people who have drunk too much and act out are revealing who they truly are. How so? I have drunk too much and done/said something that I had regretted later and realized too late that this was and is not who I really am………..therefore the later regret for my actions.
    Kudos to Reese for apologizing and doing it publicly. How many of us who have done the same as her have apologized publicly and particularly on a national stage?!

  44. Scotty says:

    Having read some comments here regarding what occurred it appears that there are some who think that people who have drunk too much and act out are revealing who they truly are. How so? I have drunk too much and done/said something that I had regretted later and realized too late that this was and is not who I really am………..therefore the later regret for my actions.
    Kudos to Reese for apologizing and doing it publicly. How many of us who have done the same as her have apologized publicly and particularly on a national stage?!

  45. Irving Parks says:

    My best guess is that they were drinking at an Irish pub and the experience was so immersive that when they got to the car they forgot they were in the U.S. and just started driving on the wrong (right in the UK) side of the road.

    Plus, who doesn’t ask a cop “Do you know who I am?” when confronted by the police? In this era of social media, you never know who may be connected to who and it’s always good to see if you run in the same social media circles prior to entering any phase of the criminal justice system. It’s a great way to extend one’s personal brand and to network and connect.

  46. mary athur says:

    Ms Witherspoon shows a lot of class by contritely apologizing for being out of line.

  47. Don Austen says:

    People expect celebrities to act better than everyone else, criticize them for thinking they are special or for actually behaving like any of us. Reese was obviously correct. Had she been just anyone, this would not have made the news. From all accounts, she isn’t an alcoholic or a drug user; she doesn’t abuse her children. She isn’t a racist or a bigot. She’s a human being with human reactions and human emotions. I’ve watched her from when she was in Pleasantville. I don’t particularly care for her comedies. I prefer her in her serious pieces. But I think that, regardless, she’s beautiful and talented, and the only mistake she made, other than disrespecting the police officer, was in not marrying me. So there!

  48. Addiga says:

    WItherspoon, Husband Jailed for DUI. Couldn’t Walk The Line.

    (that ones for free Variety)

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