Last month, Justin Timberlake was arrested for driving while intoxicated in the Hamptons. The arrest made a lot of viral noise, but Timberlake’s world tour marches on, and he and Tiger Woods are even moving forward with their plan to open a bar in Scotland. Now, Timberlake’s lawyer is arguing that his DWI case should be dismissed because he wasn’t actually intoxicated at all.

TMZ reports that Justin Timberlake’s lawyer Edward Burke Jr. has filed a motion to dismiss on grounds of “accusatory instrument defect.” By that, Burke means that police made errors in their documents accusing Timberlake over driving while intoxicated. Timberlake’s arraignment goes down 8/2, and he’ll reportedly appear virtually.

UPDATE: At his arraignment, Timberlake’s license was suspended, according to a law that requires the DMV to suspend the license of anyone who refuses a breathalyzer. As expected, he appeared virtually from Belgium. Per TMZ, Justice Carl Irace reprimanded Timberlake’s lawyer Ed Bruke Jr. for “irresponsible” comments he made at the previous hearing and threatened him with a gag order.