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. Doris Baxter says:

    I lost some respect for Reese on this one….we all have seen what our brave police force can do in Boston this week, Come on now “Do you know who I am?” Like so many Hollywood elite….when it comes down to it, they believe they should be treated differently from the rest of us folks, and that because of who they are, they are above the law. Thank you to the police, i have family in Atlanta, i appreciate your getting them off of the road before they crashed in to some of my family.

    • daniel says:

      Appreciate your point , but it’s not just about you and YOUR family. Everybody’s family is important and precious. Drunk drivers are a potentially lethal danger to everyone on the same road as ther are

  2. Joe says:

    I can imagine that the cop was antagonistic as well. The police are not always as professional as they should be during many pull-overs. As I see it, they chose to enter a profession that guarantees that they will be dealing with people who are their worst; it is an expected and frequent part of their chosen occupation. With that being said, they should not antagonize or provoke or add needless comments after the initial criminal complaint is filed. Sounds like the following occurred (lots of speculation on my part, but highly possible): Competent police officer who is pulls over a random DUI suspect – Reese acts high and mighty – Hubby is moderately drunk – Reese doesn’t have time for the pullover and voices her disgust – Cop enjoys Reese and her veiled threats – Cop realizes he just nabbed a celebrity and takes the opportunity to make her look silly – Cop has had far worse DUI pullovers that he didn’t comment on – Cop gets to make a few dollars on a crappy entertainment news show – Reese defends her actions as if there was some sort of justification or mitigating circumstance in her actions and her husband’s actions – Judge could care less and gives both the standard sentence for their respective offenses – TV shows will describe the mundane sentencing as if it were drama filled. HOLLYWOOD IS MAKING US DUMBER BY THE MOMENT. For those of you who read this, thank you for your consideration.

  3. Jazmyn says:

    I still like her! Everyone has one of those drunk night’s where shit just don’t go as planned

  4. Maryann says:

    I think the police officer was either antagonistic or stupid repeatedly calling her Reese “Mrs. Witherspoon”. It sounds more like he was the one with the hangup about her being a star.

  5. Weolfe says:

    The last movie I saw Witherspoon in that I liked was Pleasantville. Seriously, her asking the arresting officer about who she is represents a majority of her male audience. I know an extra who has worked with her on set… And this sounds a lot like Ms. Witherspoon’s “warm and fuzzy” people skills.

  6. Joe says:

    I am a small town attorney who has represented at least 200 people on Driving Under the Influence charges. One thing is certain, DUI charges can happen to decent people and DUI charges often cause good people (who made a selfish, stupid and risky decision) to act badly. At the same time, DUI charges apply (or at least should) evenly to everyone, from the mill worker to the unemployed to the wealthy. I even had the task of representing a professional athlete who was a regional celebrity. At to point in my career has any client said “Do you know who I am?” while being arrested for a DUI. Shame on Reese for insulting the officer and the rest of society for trying to use her celebrity status to get out of a DUI. Rest assured folks, a DUI is one of the most difficult charges to beat. Her interference sealed her husband’s fate in the state of Georgia.

  7. B says:

    Did you ever think it might be a rental??

  8. r.davis says:

    Not a surprise! Money and fame lead to “I am above all,even you,whoever you are.”
    It really is too bad stars think they are so special, but we do it. We go see their movies, buy their movies and the mags that talk about them.Think about it. How much money does a person really need? 20 million or more a picture then more later. Two movies a yr=40 mil. WOW.Hey thats just one year. There ya go we keep paying them they keep looking down on all. Not like the old Hollywood I don’t think.

  9. Mer says:

    From reading the article it sounds like the policeman was pretty obnoxious and was being a real jerk. That said – it also sounds like Reese was pretty uppity with her “do you know who I am” attitude. If her husband was driving under the influence and went over the center line, he should be held accountable. Driving drunk is against the law; someone could be injured or killed, so this is a serious matter. I love Reese but if her husband was drinking he should not have been driving; just like Al Michaels. What’s wrong with these people. Call a cab for God’s sake. It’s not like you can’t afford it!! Stupid is as stupid does.

  10. Edmanman says:

    Do you know my name?… No but for a second there I thought you were Lindsay Lohan!

  11. Shazzer says:

    Letting your drunk husband drive when you have three kids of your own is the most disgusting thing. If one if her kids was hurt by a drunk driver she would start a frigging witch hunt and foundation dedicated to punishing drunk drivers. What a hypocrite. Your box office clout just hit bottom honey. Just that alone is sad, but then you had to open your perfectionist mouth. Little Miss Type A Productions is such a charmer. “Do you know my name?” will be the next big Internet meme and the death your your pristine image and career. Finally the world will know who you really are, as many already do.

    • daniel says:

      A little vehement , Shazzer , but your second sentence hits the nail on the head. Hypocrisy is as unattractive as it is common.

  12. JediJones says:

    You’re responsible for your actions when you’re drunk. You don’t get a pass just because you were stupid enough to ingest mind-altering poison like drugs and alcohol. Life’s so much better when you avoid that stuff entirely.

  13. Marjorie says:

    My opinion of her just went waaaayyy down. That “do you know who I am” did it.

    • mnatividadc says:

      how could anyone think, this incident will not affect her career? THIS INCIDENT would hurt anyone’s career, ESPECIALLY, in the film industry. REESE said to the cop, do you know who I am? as if, she is the queen of the universe. what producer would want to hire her now? our character is more important than our talents and she destroyed herself for now. I would like more than an apology. I would like to see her admit WHY SHE BELIEVES, she said and did the wrong thing. a long apology with sincerity, is a start.

    • JanD says:

      That was my thought as well, these Hollywood people think way too highly of themselves! Their money puts them on a high horse, and I used to like Reese, I’m sure I won’t be going to see her new movie.

  14. Kristie says:

    No one is perfect! Get over it.

  15. gurney slade says:

    over zealous cop .. She did right standing up for her self.Reese will be ok ..the cop ..nada…lost cause..

    • Mr Man says:

      All cops are over zealous these days and it has to do with their lack of education and low entry standards cops and/or law enforcement cadets should have to take and pass mandatory law classes,mandatory constitution and civics classes and be rigorously screened for psychological,psychiatric and emotional issues/problems

      But instead just about any Neanderthal with a military service record and or a GED and an ability to blindly follow/obey orders without any critical thinking skills can be accepted into the police academy

      Once again I endorse and suport miss Witherspoon’s courageously standing up for her rights

      For those of you busy bodies attaking her and her husband for drinking:

      They are grown adults and free to do as they please enough with this politically correct nanny state busy body BS! So Mind Your Own Business!

      • mnatividadc says:

        to mr. man all cops are not OVER ZEALOUS. I do admit there are a lot of mean cops, mean people are attracted to the profession of police officer. how could you support REESE for standing up for her rights? she didn’t have the right to RUN THE SHOW, when the police stopped her. the police were doing their job. FYI, grown adults are not FREE to drive drunk and do as they please.
        REESE was not courageous, she was acting STUDID because she was drunk. did you lose you logic, somewhere down the line?

      • Jill says:

        Excuse me. Driving drunk is everybody’s business because it jeopardizes innocent lives. Reese acting out of control and using her celebrity status as a get of jail free card is beyond the pale. Besides most people don’t know who is anymore–especially men. She’s just not that compelling or attractive of an actress. In fact, she’s rather homely with that Jay Leno jaw line.

      • Woolvieman says:

        wrong, the academy I went to required strict education in legal. It was taught by several assistant district attorneys. we received some of the most difficult training possible. this is in Florida, however. maybe in Georgia or Kentucky, they do things differently!

      • PeterF says:

        Are you insane? Yes, they are grown adults, but DUI is a VERY serious crime! They could have killed someone for God’s sakes. I knew someone in high school who died because of DUI. It’s nothing to joke about.

  16. Noda says:

    That’s what you get when you marry a Jew

    • Allison says:

      Jim Toth is not Jewish.
      But even if he were, I’m not sure what it would have to do with dunk driving.

    • mnatividadc says:

      how dare you insult a jewish man. I was married to a jewish screenwriter, playwrite, inventer, composer, until he passed away. that is NOT what happens, when someone marries a jewish person. my husband never drove DRUNK. MODERATOR, remove this racist comment. noda is not just shallow, she is ignorant. she thinks she can speak like that, without disgracing herself.

    • Dr. Susan Silva-Wayne says:

      I “that’s what you get when you marry a Jew” considered polite and constructive discussion these days? I would have thought VARIETY would peruse these comments and discard the insulting and just plain idiotic ones. Perhaps not.


    • crackersandcheeese says:

      moderator, remove this racist comment. Noda has a lot of evolving to do. Shallow shallow person.

  17. Mr Man says:

    Kudos to Miss Witherspoon for standing up agains the police state that has been creeping into our once great nation they are grown adults and free US citizens and she has set an exemplary example for may to follow STAND UP FOR YOUR RIGHTS!

    • Vitaliy says:

      There is a difference between sucking up to a celebrity or thinking logically.
      1) There is a reason that she was told to sit in the car. No matter if there was a guy or a girl, it is for the officers safety. If it was someone who was messed up, they could have easily got out and tried to hurt the police while in the car, they cannot move much.
      2) The “Do you know who I am” card made me lose any respect I had for her. Just because she is a celebrity doesn’t mean that she should get a “get out of jail/ticket free” card.

  18. kim says:

    Who hasn’t gotten drunk and talked shit before? What a bunch of haters! I love Reese even more, bad ass momma who was trying to stand up for her man!

    • Maria says:

      She wasn’t standing up for her rights or her man. She was mouthing off to a police officer. She was trying to throw her name and status around. All she ended up doing was managing to get herself arrested and making herself look like a fool in the process. The cop did nothing wrong. He pulled over a drunk driver who could have caused an accident and potentially killed someone. Her husband is lucky he got pulled over. As for Ms. Witherspoon, if a cop tells you to stay in the car, stay in the car. Situations like that can quickly escalate and someone could get hurt. She should be embarrassed by her behavior.

      • kim says:

        Cops are assholes. He charged her with a bullshit charge just to throw his power around. I hope she hires a kick ass civil litigation attorney and sues the shit out of Atlanta police dept. for false arrest and false imprisonment. At best makes them pay a shit ton of $$$ defending the lawsuit. Still think Reese is top notch and I love how feisty she was! Go on SNL Reese, turn it into a joke (not drunk driving) and move on!!! :)

      • Mr Man says:

        Maria!!! so you are saying that we should blindly obey a police officer???!!!
        Maria we pay their wages they are our servants! not the other way around!! se that is whats wrong to day absolutely no questioning of authority and just blindly following the media !
        more people NEED to mouth off to police officers they work for us!

  19. Susab says:

    I always felt there was more to the Witherspoon/Phillipe split than him going out on her. She seems like an entitled, spoiled, one-hit, beyotch.

  20. anonymous says:

    I recently waited on witherspoon and her husband…… and have a great story of her and husband and the large amount of alcohol they drank…. as we ll as things there son said that are juicy… me if interested?

    • Oystermoss says:

      I’ll bite. What happened?

    • Mr Man says:

      Mind your own business! who cares!

      • Piddler says:

        Mr Man, seems you condone drinking and driving, might be different if a family member was killed
        by one….. or maybe not.

      • mnatividadc says:

        to mr. man you tell us mind your own buz. and who cares. obviously, you care, because you are making this your buz, by commenting on someone’s opinion. I suggest you TAKE YOUR OWN ADVISE or TELL US YOUR OPINION ON REESE. I’m guessing you woke up angry and you found some one to insult. knock it off, mr. little man.

  21. Jan Lagomarsino says:

    OMG! Reese has had a memory lapse and forgotten her name . “Do you know my name?” Early onset Alzheimer’s ?

  22. Hugh Jahsole says:

    Reese: “Do you know who I am?”
    Officer: ” Not really exacty. Probably some washed up actress who is one month away from making a girl-girl sex video to stay relevant in the news. Now sit your ass down BEYOTCH!”

  23. lori says:

    sorry but just because you are SOMEBODY shouldnt give you a pass to drive kill people that havent got their SOMBODY status yet , seriously what will your parents think and your children when they hear about this ?not your brightest moment , i really admire you as an actress please really think about what your doing now before you flush yourself down the toilet infront of the entire world {coming from someone who knows} take a break sit back look at whats really important .

    • mnatividadc says:

      the secret about REESE’s real character has been exposed. often actors actually think, they are above the law, because fans look up to them. Reese has been admired for a long time, so the door of temptation opened up, and she made a fool of herself and her husband. I’m guessing their parents will say, their true colors came unglued. their children will suffer the fact their father was driving drunk and their mother thinks she is queen of the movie buz.

  24. art person says:

    How embarrassing for this person and her family. She is an actress and acclaimed for her craft; but, as for her real person–she must prove herself. She needs to have some humility; this action in Atlanta was so rude. We may like your work but doesn’t mean that we like you or expect for you to be excused from acting civil and like a lady. I lived in Los Angeles for many year and actors (not matter their caliber) are looked down upon because of this sort of behavior. It’s all in their own little world of thinking how great they are. Ha, so sad.

  25. mnemon says:

    Just another one of those “do you know who I am?” people. Oscars go to their heads, it seems.

  26. Stanley Rogers says:

    Typical Nashville-boozer, Hollywood entitlement attitude. Yes, Reese, we know what you are.

  27. Georgina Whittingjam says:

    Really. Just because you are actor or actress, you think you can drive drunk, and disobey a police officer. You people are full of.. s..t. Both of you deserve a hefty fine and community service. And an explanation to your children.

  28. Kelly says:

    Did she say the N word?

  29. Nick says:

    One minor stumble won’t ruin Reese’s reputation. She does need to get some box office hits.

  30. johnjon33 says:

    Ford Focus?…………… what a cheap-o.

  31. Julia LeGath says:

    I can’t wait until they sober up to see how Reese and Toth ‘spin’ this incident.

    • Sarah says:

      It’s already started. She’s at a premiere in New York tonight. Says she asked “don’t you need to know my name” which sounds like BS. Why would he need to know her name while arresting her husband?

  32. Dana chk says:

    Do you know who I am.? Give me a break! You act for a living. It’s not like you invented the end of world hunger

  33. Pam says:

    You are such a loser, Reesie.

    • Curt says:

      one public minor indescetion and how quick we are to judge..we should all be such a loser as she has been .. grow up..

  34. Liz says:

    No comment yet but of course her next statement will be something like a contrived and insincere apology to the public for their poor choices made to drive drunk. News flash Reece and Jim…..even drunk driving celebrities are a menace to public safety. Their only redemption is that their children weren’t in the car with them. Next time, THINK, before you get behind the wheel, and a sizable donation to MADD might salvage your reputations a bit.

  35. Marc Rauch says:

    I was sort of non-committal about this story until I read the part where she said to the cop: “Do you know my name?” At that point she deserved to be arrested and I’ll be happy if she’s unhappy about what happens to her.

  36. Martin says:

    I tried to keep logical when reading this article, and I realized a few things that will stave my judgment for later. For one thing, we have not see video of Witherspoon’s rant, and so we do not know if the police officer was telling the truth. Second, famous people may be fearful of someone who says he or she is a police officer because they are stalked; this officer could have easily shown her his badge or told her to call the local police to verify his identity. He could have done all of this while arresting her idiot husband, who surely has enough money to buy a cab, let alone pay for a ride in one. I have no sympathy for her husband whatsoever, but I do see that a famous person might fear being pulled over on a dark road at night by someone in Georgia, because Georgia police officers have a reputation for behaving in aggressive, mall-cop fashion.

    • kub says:

      Oh, please! She wasn’t pulled over driving through a podunk backwater by some hillbilly who bought a blue light on EBay. The incident happened in a WalGreen’s parking lot on Peachtree Rd. in the middle of Buckhead (a highly affluent, highly trafficked area of the city of Atlanta). Police cars in Atlanta are marked and the officers uniformed. If she was so afraid why would she get out of the car and put herself in danger?

      I somewhat agree that it’s best to hold judgement unless a video is released. But, let’s be reasonable, if his breathalyzer read .139 chances are her blood alcohol level was just as high! Otherwise, why wouldn’t she have been the one driving? Plus, duh, belligerence is a classic sign of intoxication. That “fear” assumption is ridiculous. And the “mall cop” comparison insulting to the APD.

      In the end they’re simply two people who’d had too much to drink and did the wrong thing. And she just happened to be an a’hole while doing it.

    • Marc Rauch says:

      I can’t imagine that she didn’t have a cell phone with her. So if she was concerned that the guy wasn’t a real cop she could have called 911. 911 works every where.

  37. Finally! Little miss squeaky clean comes to the front. See folks, even STARS are himan

  38. Eric says:

    Reese who?? I only care about news from real actresses like Emma Stone, Jessica Chastain Michelle Williams. This Reese “do you know who I am” Witherspoon had her time in the spotlight. Time to call it a day and disappear into oblivion.

  39. Stephen Toth says:

    If that’s the way your going to act (no pun intended), I want my wedding gift back.

  40. Becky lee says:

    Ford Focus hahahah

  41. S. Corbin says:

    I find Reece Witherspoon to have an attitude of being above the laws due to her status as a celebrity. “That sense of entitlement has completely change my perception of her.”

  42. kathleen says:

    Oh no. Not the “do you know who I am” crap. Too important to be confronted on bad behavior. I bet Ms Witherspoon wouldn’t like to have a run in with a drunk driver. Outraged would be more like it

  43. linda says:

    I WISH I WAS THAT COP the part when she said do u know my name frist i would of look at her like she crazy and say what he said NO and what the point u did wrong get over it and be still his is my job to keep the public safe so sit down

  44. Maxx says:

    Whoopsie! So much for Witherspoon’s “regular gal” image. Looks like someone has a big ole’ overinflated opinion of herself. Famous-shmamous… drunk driving is drunk driving. Wrong for everyone. Plus — I’m always amazed when “celebrities” are arrested for DUI. Why don’t they hire a car/driver if they’re going to imbibe when out? Surely they can afford it. Am I the only one who sees this as a very simple alternative to driving yourself in their position?

    • Clark says:

      Well, evidently they couldn’t afford to hire a driver… not if they couldn’t get a better car than a Ford Focus.

  45. Nadia says:

    Why couldn’t they have taken a cab? Drunk driving has the potential of putting other’s lives at risk so there’s no excuse for them not calling a cab. Plus they have a 7 month old at home, they should at least try to be responsible. Never liked Reese anyway, always seemed fake to me and the ‘do you know who I am?’ so tacky smh

    • Jill says:

      Hey, I like the fact that they were driving a Ford Focus. They bought American and the Ford Focus is a damn good little car. This is the only part where I don’t think they are being a holes.

  46. ehmbe! says:

    Uhm….spell check anyone? Grammar lessons? (Or, as this writer would probably put — minus the “it” — grammer lessons…..)

    And thank you, Officer, for getting a drunk off the road.

  47. BUCKTOOTH says:

    I didn’t know she was a drunk as well as a buck toothed tramp…P-OWNED..LMAO

  48. Suzie says:

    Oh well we are all human!
    Thank god no one was hurt except their reputation!!!

  49. John says:

    Sorry, after what happened to Nina Dobrev, I don’t trust police in Georgia,

  50. Chris Pienkowski says:

    Interesting PR and marketing! :)

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