Update: According to TMZ, Bobby Brown has been formally charged with two misdemeanors: driving under the influence and driving with a suspended license. The latter stems from a missed court date following a 2010 speeding ticket. Each misdemeanor carries a maximum sentence of six months, and on top of that, the singer could pay $1,000 per count.

When he was pulled over in California earlier this week on suspicion of driving under the influence, Bobby Brown may have been drunk, and he was certainly talking on his cell phone, but that doesn't mean he wasn't in control of his vehicle, his lawyer asserts.

"Everyone is innocent until proven guilty, and Mr. Brown was not driving erratically," attorney Tiffany Feder said in a statement to People.com. "He was speaking on his cell phone."

"Mr. Brown has not been convicted of anything associated with this incident," Feder's statement continues. "Mr. Brown is taking this matter seriously and an investigation is underway. The legal process shall run its course."

The R&B bad boy was nabbed at 12:20PM on Monday (March 26), when cops spotted him talking on his phone while driving. He reportedly failed a sobriety test and was taken to the police station in Van Nuys, where he was held for two hours.

Watch Bobby Brown's "Humpin' Around" Video
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