03/28/2012 at 08:00 AM EDT
Days after Bobby Brown was arrested
for driving under the influence, the R&B singer's attorney is defending his actions behind the wheel.
"Everyone is innocent until proven guilty, and Mr. Brown was not driving erratically," Tiffany Feder, Brown's legal counsel, tells PEOPLE in a statement. "He was speaking on his cell phone."
The statement continues: "Mr. Brown has not been convicted of anything associated with this incident. Mr. Brown is taking this matter seriously and an investigation is underway. The legal process shall run its course."
On Monday, Brown, 43, was pulled over at 12:20 p.m. in the San Fernando Valley for talking on his cell phone, and he then failed a field sobriety test. He was later released on his own recognizance about two hours later from the Van Nuys police station jail.
The incident came days after the coroner's announcement that ex-wife Whitney Houston
died from accidental drowning
Reporting by DEBRA LEWIS-BOOTHMAN