Academy Award winning actress Reese Witherspoon was arrested and jailed along with husband Jim Toth Friday morning in Atlanta, Georgia, when a police officer observed Toth weaving outside of his lane in traffic. Toth was arrested for DUI, while Witherspoon was handcuffed and arrested for alleged disorderly conduct when she refused to cooperate with law enforcement.
Variety broke the story on Sunday. Toth, 42, the co-head of motion picture talent at Creative Artists Agency (CAA), is facing a DUI charge and a second charge for failing to maintain a lane while driving, and is due in court in Atlanta on Monday at 8 a.m., but is not expected to appear. The couple was in Atlanta because Witherspoon, 37, has been shooting the indie film, "The Good Lie." Sources tell Variety that production on the film was not interrupted. Witherspoon's rep is not issuing comment.
Toth was pulled over just after midnight Friday morning while driving a silver 2013 Ford Focus after the arresting officer saw him weaving across a double line on the city's famous Peachtree Street, according to the police report, obtained by omg!. The officer administered a sobriety test on the scene, and later a breathalyzer, for which he blew a .139.
The officer instructed Toth to pull over into a nearby Walgreens parking lot. According to the report, Witherspoon became upset while still in the vehicle and the officer requested that she stay in the car for 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," the report continued. "I told Mrs. Witherspoon to sit on her butt and be quiet."
When Toth was arrested, Witherspoon exited the vehicle and then was told by the officer to get back in it. She "stated that she was a 'U.S. citizen' and that she was allowed to 'stand on American ground.' I put my hands on Mrs. Witherspoon's arms to arrest her. Mrs. Witherspoon was resistant but I was able to put handcuffs on her without incident due to Mr. Toth calming her down."
The report continued, "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.' I stated, 'I am not worried about you ma'am.'"
The report continued, "Mrs. Witherspoon also stated, 'You are going to be on national news.' I advised Mrs. Witherspoon that was fine."
The "Legally Blonde" star's alleged violation was "disorderly conduct (obstruction)," which is reportedly a local municipal ordinance.
Witherspoon and Toth have been married since March 2011 and have one son, Tennessee James Toth, together, born in September 2012. The actress has two children -- Ava, 13, and Deacon, 9 -- with her first husband, Ryan Phillippe.
But it was business as usual for Witherspoon Sunday night in New York City, where she still attended the premiere of her film "Mud," co-starring Matthew McConaughey. "omg! Insider" was on the red carpet and asked her co-stars about the incident. McConaughey refused to comment and the news caught Sarah Paulson and director Jeff Nichols by surprise. Witherspoon arrived at the premiere alone and took photos but did not speak to reporters.
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