In the videos linked to below, we see an extraordinary circumstance where a defence lawyer turns up late and apparently intoxicated after a possible hit-and-run vehicle collision.

Here's a summary.

  1. The defence attorney turns up apparently drunk but wants to continue representing his client who is facing a very serious criminal charge.
  2. The judge immediately investigates the behaviour of the attorney both in chambers and later on the record in open court. The defence counsel is caught out in various lies.
  3. The prosecution call the police to check the facts of the collision involving the defence lawyer.
  4. A police technician turns up in court to administer a breath test to the lawyer.
  5. The judge proclaims the lawyer unfit to continue.
  6. There are many very odd circumstances brought to light while this is all happening.
  7. The video ends before we know whether the lawyer is arrested.

Video 1 (25 minutes): Intoxicated Vegas Lawyer Can't Keep His Story Straight

Video 2 (30 minutes): Intoxicated Vegas Lawyer Can't Keep His Story Straight II


(a) Could the police interview and arrest the lawyer and remove him from court?

(b) Do attorneys and other people involved in a case have any immunity from investigation and/or arrest whilst the court is in session?

  • DUI is "driving under the influence", are you asking about public intoxication? Or is the hit and run what the lawyer is arrested for?
    – Ron Beyer
    Mar 25, 2021 at 15:43
  • @Ron Beyer - I've edited the title to make my question more general. I haven't studied law and I find the whole scenario of what appears to be a trial within a trial very confusing. Mar 25, 2021 at 15:53

1 Answer 1


I'm going to skip (a) because that's at least partially a crim pro question, and I need to brush up on my crim pro.

As for (b), the answer is no, there's no immunity. Lawyers can be held in contempt of court by judges for something they do while practicing before that judge, and potentially jailed for it. It's pretty extreme and I don't think it happens very often, though.

  • Jail time not so much, but fines...
    – Trish
    Mar 26, 2021 at 8:18
  • 1
    @Trish jail is possible.
    – user36183
    Mar 26, 2021 at 13:07
  • 1
    While possible, hefty fines are much more likely - and doled out much easier by judges.
    – Trish
    Mar 26, 2021 at 15:20
  • 1
    @Trish well sure, that's why I said "it's pretty extreme and I don't think it happens very often."
    – user36183
    Mar 26, 2021 at 15:48
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    What rights would a defendant have if his lawyer was arrested during a case? Would a defendant be entitled to claim a mistrial if the arrest was done in a manner which was unfairly prejudicial to the defendant? If the arrest is done discretely, what would a jury be told, and how much time would a defendant have to obtain new counsel?
    – supercat
    Apr 6, 2023 at 17:25

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