If you've been watching "America's Nuttiest DWIs" on TV every night hoping to see a video of Diana Ross flunking her recent sobriety test, you might be out of luck.
Although police videotaped the December 30 test, administered after Ross was pulled over in Tucson, Arizona, for swerving, a judge has granted Ross' request to prevent the boys in blue from releasing the footage, a police spokesperson said (see "Diana Ross Busted For 'Extreme DUI' ").
The temporary restraining order was issued after Ross' attorneys argued the tape would jeopardize her right to a fair trial. They said it isn't standard procedure to film sobriety tests and that Ross was only videotaped because she's a celebrity. A spokesperson for the Tucson Police Department refuted the accusation, saying they routinely film sobriety tests when a second police car at the scene is equipped with a video camera.
According to the police report, Ross told cops she hadn't been drinking, then failed each of the tasks she was asked to perform.
The report states that: When the arresting officer asked her to walk a straight line for 10 paces with her arms at her side, she lost her balance while listening to instructions, started walking before the instructions were finished, stopped walking to try to steady herself, did not touch her heel to toe as asked, used her arms for balance and lost her balance when trying to turn around. When told to stand on one foot with her arms at her side, she used her arms for balance, had to place her other foot down three times in seven seconds, than fell over and laughed. When she tried to write the alphabet she had to say it out loud, skipped some letters and repeated others, and when asked to write even numerals from 0 to 30, she included odd numbers, skipped some digits and repeated others.
Ross was charged with three misdemeanors — extreme DUI, driving under the influence and driving with a blood-alcohol content over .08 — after a Breathalyzer test registered her blood-alcohol level at over .20 percent, almost three times the state's limit.
Judge John Kelley said he will consider releasing the video to the media on January 14, the day after Ross is scheduled to appear in court.
Ross has had previous battles with the bottle. Before she kicked off a tour last May, she checked into a drug and alcohol rehabilitation clinic in Los Angeles.