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Mel Gibson

Mel Gibson

Actor Pleads No Contest in DUI Case - 08/18/06

2006 drunk driving conviction expunged - 10/06/09

[ Open Letter to Mel Gibson ]

Mel Gibson - Actor Pleads No Contest in DUI Case

MALIBU, Calif., Aug. 18, 2006 - By LINDA DEUTSCH AP Special Correspondent (AP)

(AP) Mel Gibson ended his legal hangover Thursday, pleading no contest to a charge of drunken driving under a deal in which he'll serve three years' probation, pay a fine and attend alcohol rehabilitation classes.

His lawyers arranged to move his court appearance up by more than a month, allowing Gibson to avoid a media frenzy with his plea. But he still faces the fallout from the anti-Semitic tirade he unleashed on a sheriff's deputy the night of his arrest.

Gibson did not have to appear in court in the misdemeanor case, allowing attorney Blair Berk to handle the plea.

The abrupt advancement was announced to the news media by the district attorney's office with no time for most reporters to reach the courthouse before the proceeding was over.

Court documents showed that Gibson signed the plea agreement and waived his right to a jury trial Monday but that the paperwork was filed just before Thursday's proceeding.

Gibson was stopped around 2:30 a.m. July 28 while driving on the Pacific Coast Highway in Malibu and made anti-Semitic remarks to the arresting deputy, plunging Gibson into a scandal that led him to apologize for what he called "belligerent behavior" and "despicable" remarks.

Gibson pleaded no contest to the misdemeanor of driving while having a blood-alcohol level of 0.08 percent or higher. A second misdemeanor count, driving under the influence of alcohol, and the infraction of driving with an open container of alcohol were dismissed.

A no-contest plea is not an admission of guilt but is equivalent to a guilty plea for sentencing purposes.

"This was an appropriate outcome which addresses all the public safety concerns of drinking and driving," prosecutor Gina Satriano said in a statement.

Authorities continued to withhold video and audio tapes of Gibson's arrest. Media organizations including The Associated Press have asked Sheriff Lee Baca for the tapes but have been denied on grounds that they are part of an "investigatory file" and exempt from the California Public Records Act.

The celebrity news Web site TMZ has argued that the tapes should be heard and seen by the public to assess whether the Sheriff's Department gave Gibson preferential treatment. The issue arose because a sheriff's spokesman initially said the arrest occurred "without incident" and made no mention of the anti-Semitic remarks.

Asked whether tapes and other materials would be released, Baca said, "I'm looking at that right now ... so I've got to go back and look at everything that was there."

Court documents said Gibson has already voluntarily begun rehabilitation.

The documents show the judge placed Gibson on three years' probation and ordered him to attend "self-help meetings" five times a week for 4 1/2 months and three meetings per week for another 7 1/2 months. Satriano said these would be Alcoholics Anonymous meetings, according to Jane Robison, a district attorney's spokeswoman.

Gibson was also ordered to complete a three-month alcohol education and counseling program for first offenders.

The judge also levied fines and fees totaling $1,608. Gibson's driver license was restricted for 90 days, the district attorney's office said. Robison did not know the terms of the restriction.

Gibson volunteered to make a public-service announcement about the hazards of drinking and driving, but the judge did not make that a condition of his sentencing.

Gibson was ordered to appear in court Jan. 17 for a progress report.

Gibson's spokesman, Alan Nierob, would not elaborate on the plea arrangement or offer any hints about when to expect Gibson's public-service announcement.

The case file also showed that the original judge assigned to hear the case, Terry Adamson, recused herself because Gibson is one of her neighbors.

[ Open Letter to Mel Gibson ]

Mel Gibson's 2006 drunk driving conviction expunged

10/06/09

A judge today agreed to expunge Mel Gibson's conviction that followed an infamous Malibu drunk driving arrest in which the actor made anti-Semitic comments to a sheriff's deputy.

As part of his 2006 conviction, Gibson agreed to attend Alcoholics Anonymous meetings, perform in public service announcements and pay $1,300 in fines to resolve the drunk driving case.

[Updated at 10:35 a.m.: As a first-time drunk-driving offender, Gibson was eligible to have the conviction removed from his record after completing the terms of his probation. The expunging request and procedure is routine and took place before Judge Lawrence J. Mira during a 90-second hearing.]

A Los Angeles County sheriff’s deputy stopped Gibson in July 2006 on Pacific Coast Highway after he was spotted driving his Lexus sedan over 85 mph. A breathalyzer test showed Gibson's blood-alcohol level to be .12%; the legal limit is .08%.

Sheriff’s officials initially described the arrest as “without incident.”

But after the celebrity website TMZ.com obtained the arrest report detailing Gibson’s profane outbursts, attempt to escape custody and repeated threats to the arresting deputy, critics charged that the actor had received special treatment by authorities.

In his initial report, Sheriff’s Deputy James Mee described how Gibson “bolted” from custody and how he chased the actor back to Gibson’s car and handcuffed him.

In addition, the report detailed repeated threats against Mee made by Gibson, who said he “owned Malibu” and would “get even” with the deputy.

The report also detailed Gibson’s “barrage of anti-Semitic remarks,” in which he said, “The Jews are responsible for all the wars in the world,” before asking the deputy, who is Jewish: “Are you a Jew?”

Department officials decided to place that portion of the report under lock and key in an effort to prevent immediate public disclosure, while only a narrative of the basic facts was made available to station personnel.

[ Open Letter to Mel Gibson ]

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