Los Angeles ( CNN ) -- Bobby Brown `` is innocent until proven guilty '' on a drunken driving charge that followed a traffic stop this week in California , his lawyer said . `` Mr. Brown has not been convicted of anything associated with this incident , '' attorney Tiffany Feder said Tuesday night . `` Mr. Brown is taking this matter seriously and an investigation is under way . '' Brown , 43 , showed signs of intoxication and failed a field sobriety test during the traffic stop in the Reseda area of Los Angeles County , California Highway Patrol spokeswoman Tiana Reed said . `` Mr. Brown was not driving erratically , '' his lawyer said . `` He was speaking on his cell phone . '' He was `` released on his own recognizance '' after being charged , Feder said . Brown , the ex-husband of the late singer Whitney Houston , is scheduled to perform with his group New Edition on Thursday in St. Louis .
The singer `` was not driving erratically , '' his lawyer says . Brown showed signs of intoxication and failed a field sobriety test , police say . Brown is Whitney Houston 's ex-husband .