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. cadavra says:

    And right about now, Al Michaels is going, “Whew!”

  2. I actually find myself impressed here to see her stand up for her husband. She didn’t just quietly sit by while he was arrested and she tried to help him out – which is exactly what a good wife should do! A minor ordnance violation from some town in Georgia is hardly career threatening.

    • anon says:

      Some town in Georgia? She was in Atlanta.

    • sundevilpeg says:

      Hubby blew a .13 – over 1.5 times the legal limit! – and in your mind, her throwing a hissy fit at a cop is “. . .help(ing) him out”? In what way? On what planet?! By getting this story reTweeted all over the Internet? Gaaah!

    • Teri says:

      You do realize GA is the new “it” place for film production, right? This is hardly the equivalent of getting pulled over in Hooterville.

    • Entitled to safe roads says:

      You must be a member of the PR team. She was not supporting her husband, she was throwing her hollywood weight around. This was a police officer who serve and protect us which is what he was doing. If she wanted to support her husband what about calling a cab. You can tell who lives in the HW fantasy world.

      This is the real Reese, entitled white trash,

    • Laura says:

      Seriously? Impressed? Her husband was drunk and driving the wrong way down the road. A “good wife” would not allow her husband to drive in such a condition, and most certainly would not climb in to the passenger seat and go along for a drunken joy ride.
      Will it ruin her career? Probably not, but it certainly has revealed that the public is fed a false image of this woman, and that she isn’t as respectable as she seems.

    • Brad Givens says:

      “impressed to see her stand up for her husband”, who could’ve killed people and themselves while drunk driving ?! You just don’t get it, do you…??

  3. Just the facts, please says:

    Since when do you lump films that made a profit into a “poorly performing” category? Water For Elephants cost $37 million and made $120 million, that’s a profit by any measure. It was never expected to be a blockbuster, it was a small, period picture and it had a good run in theaters and is doing well on HBO and DVD. Think before you write please.

    • JediJones says:

      Anyone could have predicted that a movie called “Water for Elephants” would be a flop. It breaks the rule of not describing what the movie is actually about. Only people who wanted to see elephants drinking for two hours would go see it. Her other two recent flops are titled even worse…”This Means War” and the absolutely banal “How Do You Know.” There are simple rules to making a good movie title and they include not using generic-sounding, cliched phrases as titles.

    • David says:

      Water for Elephants was in Oprah’s Book Club. It was a PG-13 movie based off a wildly successful book with the Twilight star at the height of his popularity, Christoph fresh off an Oscar win, and Reese. Add in all those factors, and it should have performed better domestically. The film was saved by the fact it did surprisingly well in the international market. That said, I’m not sure the box office of her recent movies is relevant to this article. She does have a fairly impressive slate of things lined up though, so this is surprising.

    • Wow says:

      Defending her box office is just as wrong as Vareity reporting it. You probably were more concerned about the money the lost while BOston was in locked down. Your priorities are showing but you are probably a Robert Pattinson fan,

  4. Sunday, cops and courts and authorities can sure mess stuff up for
    accomplished Americans and women. And for guys like Mel Gibson.
    America – you are lucky to have such talented human beings in your midsts
    and give Reece and her talent agent husband all the support and love
    you can must. Just seeing Reece jumping up and down in ELECTION will bring me
    a lifetime of happy smiles. I love her.
    Academy Award Winner

    • Random Helmer says:

      Well, DP, as a director who dislikes these kinds of shenanigans on set, I now know what cinnie NOT to hire on a feature. With insurance and other issues, enablers for this kind of behavior are the last thing productions need. We all need to stand together on this issue and end over the top star misconduct now, as an industry. You’re the first BTL I’ve ever seen give a pass to this kind of bs. You sure you work behind a camera, not in front of it?

    • BP says:

      Oh my god, could you be more pathetic? Signing your comment with your name and that you’re an oscar winner? as if that means ANYTHING outside of the film industry? So totally out of touch. Again, TOTALLY PATHETIC. Erases any goodwill you may have from being a “talented” creative person.

    • ComeOn says:

      Yeah, I think the fact that guy was drunk and put the lives of others in danger is completely irrelevant. Good synthesis of the information.

  5. Nice job, Reese. Why do all these arrogant hollywood morons play the ‘do you know who i am?’ card? kudos to the arresting office. had she said that to a lesser man, a mouthy, inebriated hollywood starlet might be in solitary.

    • daniel says:

      Reminds me of an old joke …a high-profile celeb. got to the airport check-in counter too late and his flight was closed. On being refused a boarding pass he shouted at the check-in clerk “Do you know who I am ?” The clerk got on the airport loudspeaker system and said “Security ! Please get a mental health detail here. I have someone here who doesn’t know who he is .”

  6. Jason says:

    How was it surprising and unclear no one reported this? You do realize there was a massive explosion in Texas, earthquake in China, TERRORIST attacked Boston. They were busy thinking about other things. This wont have any negative impact on Reese just like it had NO impact on Robert Downey Jr. Also… “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.” Are you serious Variety? lmao

  7. Ms Kris Clark says:

    wonderful-were the kids in the car? IF so, who took care of them while in jail before getting bailed out You picked a peach for the 2cd husband Reese Did NOT stop him while drive A couple of idiot

    • Laura says:

      She doesn’t even push her own child in a stroller while walking down the street. Odds are, the kids were with their nanny.

  8. Benn Fine says:

    A Ford Focus??? Just for that I would be looking for a better agent……but yeesh, who is watching the child and yeah, drunk driving is bad-no good spin on that.

  9. Jonesy says:

    2013 Ford Focus? Really?

    • jessied84 says:

      Other sites report it as a Ford Fusion. Seeing how she’s in Atlanta shooting a movie, I’m sure it was a rental car and not their own vehicle. Fords are always on rental cars lots.

    • daniel says:

      It doesn’t matter what make the car is . Maybe driving a modest car is a point in their favor . Drunk driving and protesting when caught is not.

  10. Clementine says:

    “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.” That’s insulting. The arrest illustrates the dangers of drunk driving.

  11. David M Lowe says:

    Finally, the “real Reese” stands up and shows us all how most rich or famous people threaten others via their standing in society instead of taking responsibility. “Don’t you know who I am?” is most often their sole defense for their abhorrent behavior. Well, Reese, we do know who you are and you turned out to be just another . . .

    • Wow says:

      David it’s not her or his first time. It’s a well known fact in HW they do it all the time. They were arrogant enough do it in small town America and got caught.

      Reese is not the image she puts out. She is a drunk herself which is why she got in the car,.

      • Sara says:

        Uh, Wow, since when did a metro population of over 5 million people become small-town america?

    • Another… human being prone to mistakes? Prone to being a bit of an ass when intoxicated? How evil is that?

      • Nancy Jo says:

        Exactly, yes it was not a wise thing to do….they were both being very dumb, and they were both quite drunk. I’ve done worse, and I’m a good person. Drunk behavior is not a good representation of one’s true character. I bet they learned a lesson, and thank God nobody was injured.

      • Laurie says:

        Driving while under the influence is the evil that kills hundreds of innocent people every year – I think that is pretty darn evil to let someone drive drunk or be the one doing it yourself..

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