Justin Timberlake’s DWI case in Sag Harbor, New York, has been adjourned until Aug. 2.

At that time Justin will be arraigned on misdemeanor charges of driving while intoxicated and failing to keep right, WABC-TV reports. The new arraignment is due to a problem with the way Justin was initially charged. He did not appear in court on Friday, according to WABC-TV.

Justin will now appear virtually Aug. 2 in Sag Harbor Village Justice Court. He’s been accused of running a stop sign and swerving out of his lane while leaving The American Hotel in his BMW.

According to WABC-TV, in his first public comments since the arrest, Timberlake’s attorney Ed Burke contended Justin “was not intoxicated,” adding, “I’ll say it again. Justin Timberlake was not intoxicated. And we are very confident that charge, that criminal charge, will be dismissed.”

Burke argued in court that the case should be thrown out due to a “defective accusatory instrument,” which is another way of saying there was an issue with the way that Justin was charged.

“The police made a number of very significant errors in this case … and there are many others,” Burke continued. “Sometimes the police, like every one of us, make mistakes. And that’s the case in this very instance.”

According to the criminal complaint, Justin “was driving drunk, had bloodshot, glassy eyes, slowed speech, was unsteady on his feet and performed poorly on a field sobriety test.” He told the arresting officer he’d only had one drink and refused to take a chemical test, WABC-TV reports.

The next date of Justin’s Forget Tomorrow World Tour is Friday in Poland.

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