"He didn't have a sip of alcohol," lawyer Ed Ritter says. "This whole case stemmed from an anonymous caller who alleged he was driving erratically, but there's no evidence of that."
Harris, 24, whose father Capt. Phil Harris died from complications of a stroke on Feb. 9, was pulled over in his father's BMW nine days later in Seattle and was booked with DUI, hit-and-run and driving with a suspended license.
Although Harris allegedly failed a field sobriety test, Ritter questions whether the test was properly administered and adds there have been no witness statements provided regarding the alleged hit-and-run.
Ritter acknowledges Harris was driving with a suspended license due to several speeding tickets. "Jake was unaware that his license was suspended until the [officer] made him aware of it and we're in the process of taking care of those tickets."
Harris made two procedural court appearances in recent days but hasn't yet been charged by prosecutors, who are still reviewing the case.
As for how Harris is holding up in light of his father's death, "He's still torn up about it," Ritter says, "and he feels really bad about what happened last week, but he's moving on as best as he can for now."