Britney Spears' Attorney Goes 'On the Record'

This is a rush transcript from "On the Record ," October 10, 2007. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, HOST: Troubled pop star Britney Spears could show up at a Los Angeles police station any moment now to be photographed and fingerprinted. She has until October 25 to do so, and it involves this August 6 incident.

Michael Flanagan, Britney Spears's attorney in the hit-and-run incident, joins us in Los Angeles. Michael, I know that you don't — you're not dealing with the child custody, so I'm just going to ask you about the accident case. And I don't want to be an apologist for Britney Spears. She's got lots of problems going on. But when she was negotiating that parking spot, were the paparazzi all around her car?

MICHAEL FLANAGAN, ATTORNEY FOR BRITNEY SPEARS: Well, there was — looked like there was about 20 or 30 of them. They all had cameras. It was rather distracting to her. Some people got the impression that she was — she was cavalier about the whole situation, but she was really distracted.

VAN SUSTEREN: All right. Her problem, though, is that having had the accident, whether it was — whether it was — there was aiding and abetting, for lack of a better word, by the paparazzi, she then, unfortunately for her, left and didn't leave a note, right?

FLANAGAN: Yes. Her obligation to stay and leave a note is after an accident that causes damage. The damage in the case is not — you know, you can see it if you look closely, but it's obvious to anybody that's just taking a casual glance at the car. It was a very low-impact collision, two Mercedes, the impact bumpers, and they don't have much damage if it was less than 5 miles an hour.

VAN SUSTEREN: All right. But nonetheless, there was some damage, and I would imagine (INAUDIBLE) like, when you ding a Mercedes, it's not cheap. How much — how much was the repair bill for the other car?

FLANAGAN: I don't know what the repair bill is going to be. The first repair bill was in the $1,600 range, and some other repair bills are being obtained at the present time. I think they'll be forwarded to me tomorrow.

VAN SUSTEREN: All right. Well, that's not exactly a little fender — I mean, $1,600's a lot. She should have stopped and left a note. All right. Now, having said that, she's got to present herself for a mug shot, is that right?

FLANAGAN: Yes, she's been ordered to do that by the court.

VAN SUSTEREN: Do you know when that's going to be done, or I guess you don't want to tell us because we'll have paparazzi plus us there, I guess, right?

FLANAGAN: We don't know exactly when it's going to be done at the present time.

VAN SUSTEREN: What do you...

FLANAGAN: It will be done, though.

VAN SUSTEREN: All right. What do you — I mean, an accident case like this, based on her history and your experience, what do you reasonably expect is going to be the outcome?

FLANAGAN: I really don't have an expectation as to this particular case. I can tell you what's normally done in the LA area on situations like this. In the even it's a hit-and-run without any egregious circumstances, like a person really conscious of the damage and trying to avoid responsibility, that's usually prosecuted as a misdemeanor. It could amount to a small time in jail.

Normally, when you have a technical hit-and-run, where there's just very faint amount of damage and really not much in the way of moral culpability, we can oftentimes civilly compromise those. There's a code section that allows (ph), Pay the civil damages, and we'll forget about the incident.

VAN SUSTEREN: Is — does she have — I mean, look, I mean, I — a $1,600 accident — you know, that's not an insignificant accident. Does she have just sort of a cavalier attitude, like, I don't care, it doesn't matter, and so I'm going into the story and tough luck for the person I hit?

FLANAGAN: No, not at all. She — she got out of the car, asked if there was any damage to her car, and...

VAN SUSTEREN: Which is bad. If she's only worried about her own car, that's not a good sign. But go ahead. I'm sorry.

FLANAGAN: Well, she was able to see the damage, that there wasn't any damage to the other car, or didn't notice any damage to the other car. She drove right by the area where it was struck.

She asked if there was any security. I got that from listening to the tape of the video of the accident. And then she went into the store. The paparazzi basically told her, Don't worry about it, Britney, we'll take care of it. And she just wasn't paying enough attention. She was distracted. And I don't think it's a cavalier attitude, it was just distraction.

VAN SUSTEREN: All right. Well, we'll be — regrettably for your client, we'll be following it. Thank you, Michael, for joining us.

FLANAGAN: Sure.

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