Bobby Brown NOT Drunk While Driving, Attorney Argues

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Not so fast, Cissy Houston.

While Whitney's mother is reportedly telling friends she feels vindicated by Bobby Brown's DUI arrest this week, an attorney for this controversial singer says her client was not actually drunk when police pulled him over.

Bobby Brown Funeral Pic

"Everyone is innocent until proven guilty and Mr. Brown was not driving erratically. He was speaking on his cell phone. Mr. Brown has not been convicted of anything associated with this incident," Tiffany Feder tells E! News.

Brown was taken into custody on Monday after allegedly failing a field sobriety test. He is "taking this matter seriously and an investigation is under way," Feder adds. "The legal process shall run its course."

The artist already has a drunk driving conviction on his record. He was also arrested for battery in 2003 and jailed for a parole violation in 2004.

UPDATE: Bobby has been charged. Police say he blew a .12 on the field test and they have suspended his license he got a speeding ticket in 2010 and failed to show up for his court date.