Bruce Springsteen DWI hearing: Drunken and reckless driving charges thrown out

UPDATE:  Bruce Springsteen's DWI charge dropped; Boss pleads guilty to alcohol consumption

Bruce Springsteen is appearing before a federal judge via video conference over charges that he took a shot of Patron tequila in Sandy Hook and then got on his Triumph motorcycle.

The Asbury Park Press is reporting on the hearing live, although there will be no video or livestream. They are not permitted in federal court proceedings.

Springsteen, 71, was charged on Nov. 14 with three Class B misdemeanors: DWI, reckless driving and use of alcohol in a closed area.

Those misdemeanors each carry a possible term of incarceration of 30 days to six months and up to a $5,000 fine each, although legal experts say it is extremely unlikely that he will spend any time behind bars.

Springsteen, a native of Freehold who lives in Colts Neck, has no prior DWIs, traffic or parking tickets, or any other charges in New Jersey listed in municipal court records.

Springsteen, Obama Spotify podcast: Born in the USA, made at the Shore 

More from Sandy Hook:The same park where Bruce was arrested has NJ's only nude beach. Here's what it's like

He will be going before Magistrate Judge Anthony R. Mautone, who works part-time from an office in Caldwell.

10:55 a.m.

Magistrate Judge Anthony Mautone discusses hearing with counsel. He is closing the hearing promptly at 11 a.m.

Mautone said a sketch artist will be attending.

Mautone: Mr. Springsteen, I don't want everybody and his mother...who's here is here. I don't want to make access to everybody in the world.

Springsteen agrees.

Springsteen is sitting next to his attorney, Mitchell Ansell.

11:00 a.m.

Judge Matuone goes over procedural details.

Mautone: Mr. Springsteen I'm going to look straight at you. I need to have your consent on the record (to hold the hearing via video.)

Mautone asks if he gives his consent.

Springsteen: I do, your honor.

11:05 a.m.

Assistant U.S. Attorney Adam Baker reads the charges.

Ansell: We enter a not guilty plea on all three charges, your honor.

11:10 a.m.

Baker says government "does not believe it can sustain its burden of proof" on either the drunken driving charge or the reckless driving charge.

Baker: The government believes there is sufficient evidence to sustain its burden in proving beyond a reasonable doubt that defendant was at Sandy Hook National Park on Nov. 14, 2020 and was consuming alcoholic beverages while there.

Our understanding is that the defendant has agreed to plead guilty today (to the consuming alcohol charge.)

With respect to two remaining violations (DWI and reckless driving) the government does not believe it can sustain its burden of proof. Specifically the evidence we reviewed after the defendant’s arrest is that he submitted to a breath test at the ranger station and his blood alcohol content was .02, which the court is well aware is well under the legal limit of .08. During the defendant's field sobriety test he declined to take a preliminary breath test, but that test is not required by law. But he did submit to the legally required breath test when he was at the ranger station.

With a blood alcohol content of a .02 it’s actually low enough for defendant to be considered not impaired under New Jersey law. And the court is aware New Jersey law is not controlling here. And federal law does not recognize such a presumption but we do look to New Jersey law as persuasive guidance and find it useful in reaching our determination. And based on that your honor specifically on the .02 blood content reading, the government respectfully moves the court to dismiss the (DWI and reckless driving) charges.

Mautone: As the tryer of fact, as I would be in the trial of a case in front of me here, I can’t imagine that I would be persuaded that the government could sustain its burden of proof. I agree with you totally Mr. Baker.

11:15 a.m.

Springsteen admits, under questioning from his attorney, that he knew it was illegal to drink alcohol in Sandy Hook.

Ansell: On Nov. 14, 2020 at approximately 4 p.m. were you in Sandy Hook on federal property at the lighthouse keeper’s quarter?

Springsteen: Yes, I was.

Ansell: Were you aware it was illegal to consume alcohol in that area?

Springsteen: I was.

Ansell: Did you actually in fact consumer alcohol?

Springsteen: Yes.

Ansell: What type of alcohol had you consumed, sir?

Springsteen: I had two small shots of tequila.

Ansell: And it was your understanding that it was a violation to have consumed alcohol in this closed area?

Springsteen: Yes.

11:20 a.m.

Ansell says Springsteen has no prior criminal record and accepts responsibility. He urges the court to only fine Springsteen.

Baker says the government has no objections.

Mautone: I’m going to impose nothing but a fine, because I think that’s an appropriate disposition in this case.

I have in front of me an abstract of the driver’s record going all the way back to 1973.  There’s three violations in the whole record (including one regarding a handheld device.)

Rarely would you see a driver’s abstract so devoid of any entries as I see before me, Mr. Springsteen. So I’m, convinced that a fine is the appropriate sentence in this case.

I’ll impose a $500 fine (and additional fees of $40.)

Mr. Springsteen I need to ask you how long you will need to pay that fine.

Springsteen: I can pay that immediately, your honor.

Mautone: I’m going to give you a week to pay this fine.

11:22 a.m.

Mautone ends the hearing.

Springsteen: Thank you, your honor.

Ken Serrano has covered crime, breaking news, investigations and local issues in New Jersey for more than 20 years. Reach him at 732-643-4029 or kserrano@gannettnj.com.